Citizens ArrestIn the case that a criminal enters private property without invitation, and that criminal poses a threat and/or has committed a crime, any New Zealand citizen, resident or visa-holder may keep the criminal under arrest. The use of force is only permitted in cases where there is no other way to detain the criminal. The police should be called as soon as possible. Alternative version
Comment
A Citizens Arrest is something only a handful of kiwis are able to do. That is, you often have to be fit and have experience in self defence to carry out one successfully. What I’d like to see is, honest good kiwis not standing back when violent crimes are being committed, but also, vengeful citizens who try and use the citizens arrest law as a pretext for their actions, being prosecuted when they go far beyond the limits of the law.
So why not why not make a comprehensive manual which these kiwis can study which explains very clearly what kinds of force are reasonable, and in various situations. The manual could illustrate various situations one might find oneself in, and explain exactly when a person is not allowed to step in, and when a person is, and how a person is.
One example - If a deranged man is coming at a woman on the street with a knife, who is reasonable force against that man? If any weapons are allowed, what are they? A wooded staff, etc? Or are no weapons allowed? This way, if any person wants to know their rights in this matter they only need to study the law. So good kiwis can get on with it, only if and when it is needed.
I believe a Citizens Arrest should only really be used when another person’s life is in danger, and it is a situation where police response would take to long. I know you have an awful lot of work to do, so I don’t hold this against you at all. But I do think if peoples lives come into danger, if there are competent good citizens around when the crime is about to be committed. Like a man is in the process of bashing a lady up, or someone is charging at someone who can’t defend themselves with a weapon. In those situations, if good kiwis use what force was permitted, I believe it would be great for our country.
Comment
With the current review of the Private Investigators and Security Guards Act 1974, and the strict training and licensing requirements needed for Private Investigators, Security Guards, Crowd Controllers, and the like, I feel that such licence holders should be given limited power of arrest. The same limited power of arrest should also apply to Government agencies, such as the Immigration Service (who at present have to call the Police to assist with arresting offenders) and other enforcement agencies.
The requirements under the Crimes Act should also be changed, to allow any person to arrest someone committing any crime at any time of the day. At present, anyone who commits common assault can not legally be arrested by a person other than a Police officer.
The rules that I feel should apply are:
• Any person witnessing an offence against any enactment may arrest the offender, and detain him/her until reasonably possible to hand that offender over to the Police;
• Any Government enforcement officer, licenced private investigator, security guard, bounty hunter, or crowd controller may arrest any person if they believe they have sufficient proof that the person has committed an offence against any Act;
• All persons making arrest under the above rules are justified in making that arrest (not liable to criminal or civil proceedings);
• Any person who arrests the wrong person shall be protected from criminal responsibility (liable to civil proceedings, but not criminal proceedings).
Bounty hunting There was also a discussion about establishing and legalising bounty hunting in New Zealand. Below are the comments on this topic - Moderator Comments
• Bounty hunters tend to exist for the purposes of allowing legal entities (The Police) to commit questionable, or illegal, acts by proxy. It would be far more sensible to have an extended version of the Private Investigators and Security Guards Act 1974; which would naturally put it outside the scope of the Policing Act.
• Bounty hunters should be allowed. It gets criminals off the street therefore making the streets safer. It should be considered a basic human right that people can be safe in the streets and safe in their homes without thugs and burglars who are on the run because a small minority are over concerned with criminals' human rights.
• For this section to be taken seriously it needs a proper definition of bounty hunting, looks like a bad idea which would need very careful regulation.
• Allowing bounty hunting is generally bad. Bounty hunters can never do as good as job as trained police without committing the sort of abuses that would cause widespread condemnation of the police if the police were to act in a similar way. Right now, people with violent and sociopathic tendencies get jobs as bouncers and mall security guards because they (almost always) fail to get into the police force. As a bounty hunter, a thug's fantasy of socially justified sadism is realised.
• Bounty hunting would encourage people to fabricate evidence of guilt of offenders for pecuniary benefits. Its a bad idea, in my opinion!
• Bounty hunting alreay exists in a limited form. Police offer rewards for information leading to an arrest. To increase its use beyond this is probably a bad idea though.
• It should be made legal, so we can help assist the police in getting those arseholes off the streets and into the prisons. Very Americanish though, but I'd feel safer knowing theres a few more consquences for those skipping bail.
• There could be room to mention "citizen journalism"/camera phones as evidence against criminals etc. In France, didn't they make camera phones illegal to point at violence which is a similar discussion to bounty hunting (non-police acting as police, collecting evidence etc.). Never have we lived in an age when there is so much crime fighting equipment sitting idly in people's pockets.
• In regards to bounty hunting, I do support the introduction of “bounty hunting” to New Zealand. However, I believe that this is probably outside the scope of the Policing Act.
- Any person may be arrested by a licenced bounty hunter (subject to the same strict training and licensing requirements as PI’s / SG’s), if that bounty hunter believes in good faith that the person has breached a court order;
- It will be at the discretion of a Judge as to whether or not to impose “bounty costs” – similar to how court costs are applied today.
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