The New Zealand government has announced plans to amend the Trespass Act to better protect retailers from rising cases of shoplifting, vandalism, and other criminal activities. The plan is part of the government’s law and order measures released last week.
Modernising an Ineffective Law
“Our plan to restore law and order is working, but there’s still more work to be done,” said Justice Minister Paul Goldsmith. “Trespass laws are an area we know will make a world of difference to the community.” Goldsmith said the Ministry of Justice will adopt a zero-tolerance approach to retail crime and actively collect fines under the amended law.
“They’re difficult to enforce and often criminals take no notice. They return with impunity and just continue to rob businesses of their livelihoods,” Goldsmith said.
Stronger Penalties and Wider Reach
Key changes include:
- Extending the maximum trespass period from 2 years to 3 years
- Permitting multi-location bans across franchise businesses
- Doubling the fine for refusing to leave or returning after a trespass from $1,000 to $2,000
- Doubling the fine for refusing or falsifying name/address from $500 to $1,000
“They could go to another supermarket, or they could go online, or they could avoid getting trespassed,” said Goldsmith, highlighting the need for multi-site enforcement to close current legal loopholes.
The Trespass Act changes form part of a wider initiative focused on tackling crime. The government also plans tougher penalties for shoplifting, increased sentences for those who assault first responders or prison officers, and a new offence targeting “coward punching.”
Retail and Hospitality Back the Changes
Retail NZ welcomed the proposals, saying they reflect long-standing concerns in the sector.
“Retail NZ has long been advocating for the trespass laws to be updated so we are pleased to see these proposals,” said Chief Executive Carolyn Young.
“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.
Hospitality New Zealand also backed the reforms. “On occasion, hospitality operators are forced to deal with disruptive or threatening individuals who return time and again, knowing the consequences are minimal,” said Chief Executive Steve Armitage. “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.”
Retail NZ said it intends to work with government officials to ensure the reforms are practical. “Retail NZ will look to engage with officials to ensure the changes are practical for retailers,” Young said.
“Retail NZ would like to see the maximum trespass period extended beyond three years for particularly violent offenders.”