Asian community divided into proposed reforms to combat retail crime

The leaders of the Asian community are divided on whether the proposed reforms to give the retailers A broader power to stop store thieves It will benefit the owners of small businesses fighting an increase in retail crime.

The announcement of the Minister of Justice Paul Goldsmith on Wednesday is part of a series of reforms proposed by the retail crime advisory group that was launched in September.

These include amending the 1961 Crime Law so that citizens can intervene to stop any crime of the Crime Law at any time of the day, which forces a person who makes an arrest to inform the police, clarifying that “reasonable” restrictions can be used by making an arrest and changing the defense of property provisions in the Crime Law, so that a clear reasonable force can be used.

According to current legislation, anyone can make an arrest at night where there are reasonable reasons to believe that a person is committing a crime.

An arrest can be made without a court order if the offender is committing a crime for which the maximum punishment is at least three years in prison.

Goldsmith said that retail crime had increased 85 percent between 2019 and 2023, including a 91 percent increase in the victimizations related to theft.

Justice Minister Paul Goldsmith announces reforms proposed to the Crime Law of 1961 on Mount Roskill in Auckland.
Photo: RNZ / Gaurav Sharma

Richard Leung, president of the Auckland branch of the Chinese Association of New Zealand, said the proposed changes could give business owners a greater sense of security against theft and theft in stores, which had been a growing concern.

However, Leung also said that positive aspects had attached risks.

“Changes could also lead to unwanted risks, as greater confrontations or racial profiles, which could put Chinese business owners and community members in dangerous situations,” Leung said.

“There is also concern that misunderstandings or prejudices can lead to unfair arrests, affecting social harmony and confidence in the application of the law.”

Leung said it was important that the government provided education in other languages ​​on how the legislation would work to ensure that all communities could understand and comply with the law.

Rosa Chow, president of the Asian Council on crime reduction, said similar reserves about changes, asking the government to provide training to retailers on how to handle themselves when they face criminals.

Rajesh Goel
Photo: Supplied

Rajesh Goel, president of the Association of Indigenous Retails of Auckland, was overwhelming in his general evaluation, calling the ads a “eyewashing.”

“We are owners of small businesses,” Goel said. “We don’t have the margins to hire security guards that can stop store thieves.”

Goel believed that the proposed measures would benefit the largest players in the retail sector and leave the smallest operators who fight to face criminals.

“Our demands, like presented in a petition to the government last yearIt is still the same, “he said.

“We have requested amendments in the Law of Sentences, the Law of Criminal Justice and the Oranga Tamariki Law to allow the authorities to arrest, stop the custody of preventive detention and punish the young criminals under 16 years.

“The proposed changes … do not go far enough, we feel.”

Arunjeev Singh, coordinator of the Crime Resistance Foundation, described the proposal to expand the arrest powers of citizens “very little, too late.”

Singh asked the government to provide some orientation about what constituted a reasonable force.

“The government must instill confidence in the minds of citizens that the law will protect them if they take measures to defend their person or property in case of a violent crime,” he said.

Jithin Chittibomma
Photo: RNZ / Blessen Tom

Jithin Chittibomma, president of the Sandringham Business Association, believed that the proposed reforms would not materially change the general result for retailers.

“As owner of a small business, I do not want to confront a store thief, nor can I allow myself to hire security guards. In my experience, the real failure is within the legal system,” Chittibomma said.

“Once clear evidence is provided, such as surveillance images, theft in stores should be treated as a non -factorable crime with a minimum jail term. At this time, there is no real deterrence and criminals have nothing to fear.”

Gurdeep Singh
Photo: RNZ / Blessen Tom

Gurdeep Singh, owner of a jewelry in the Papatetoe in southern Auckland that suffered an aggravated vicious robbery in June, agreed.

“I am not very convinced (for the proposed reforms),” said Singh. “Stop a criminal by a retailer or a public person will create more problems and I think people will put their life (in) risk if they intervene in such a scenario.”

Singh, who was hospitalized after being hit several times in the head with a hammer by an assailant during the 2024 attack, believed that the real change would come once the justice system was reformed.

“Stop a person from members of the public will not help,” he said. “The Police (will do it) always catches the offender, if not at the scene, maybe one day or two later or, sometimes, a few weeks later. What happens after that is the problem.”

Narendra Bhana
Photo: RNZ / Blessen Tom

Narendra Bhana, president of the Central Association of India in New Zealand, described the association’s concerns in a letter to Goldsmith on Wednesday.

“The concept of empowering citizens to make arrests, although potentially beneficial in specific circumstances, raises several concerns in relation to public safety and the potential for misuse or climbing of situations,” Bhana wrote in the letter.

“Any power granted must come with clearly defined guidelines and solid training requirements. The consequences of poorly prepared citizens involved in volatile situations should be considered carefully.

“In addition, any citizen intervention must be proportional, and care must be taken to avoid racial profile, discrimination or other harmful practices.”

Jaspreet Kandhari
Photo: Supplied

Jaspreet Kandhari, general secretary of the New Zealand Indigenous Business Association, supported the proposed reform.

He demanded that any theft, regardless of the value of stolen goods, entails a minimum fine of three months in prison.

“While there are concerns about the greatest security risks associated with the realization of arrests, these changes will provide retailers greater confidence and flexibility to deal with minor criminals,” Kandhari said.

“The current lack of legislative provisions has emboldened thieves and thieves, which makes it more difficult for companies to protect their livelihoods,” he said.

“Unlike large corporate retailers and retail chains, small businesses operate in much thinner margins and, often, cannot absorb the financial tension caused by theft,” he said.

“These losses are frequently unrecoverable due to the excess of insurance limits and, even when they are covered, they lead to growing premiums that exert greater pressure on companies that already have difficulties.”

HIMANSHU PARMAR
Photo: Supplied

The vice president of the group of owners of dairy and business products, Himanshu Parmar, who is also a member of the Retail Crime Advisory Group, defended the recommendations that the group presented to the Government, calling them “Commonsensic”.

“For years we have advocated changes in the common sense law that increase the possibilities of criminals being caught,” said Parmar. “What is proposed is not radical when Australia, Canada and the United Kingdom have similar laws.

“Nothing is not an answer and with a police officer 500 kiwis, criminals have become more bold and more violent. They know that we cannot physically defend our property without running the risk of being criminalized.

“If criminals know Kiwis respectful of the law can defend their things, be it an owner, a farmer or a retailer, they will think twice.”

When a response to the demands of the community leaders were requested after Wednesday’s announcement, Paul Goldsmith’s office said such details would be determined as the legislation moved through the Chamber process and the Select Committee.