The New Zealand Government has announced proposed amendments to the Trespass Act, aimed at strengthening protections for retailers and improving enforcement mechanisms.
Justice Minister Paul Goldsmith and Associate Justice Minister Nicole McKee outlined a series of legislative changes intended to support businesses in dealing with repeat offenders and enhancing workplace safety. The Retail Crime Advisory Group, led by Sunny Kaushal, contributed to the development of the proposals.
Key Changes to the Trespass Act
The proposed amendments include a number of updates to the current legislation:
- The maximum duration of a trespass notice will increase from two years to three years
- Businesses operating under a shared brand, such as franchises, will gain the ability to issue trespass notices covering multiple locations
- The maximum penalty for refusing to leave when trespassed, or returning to a location while under a trespass notice, will rise from $1,000 to $2,000
- The penalty for refusing to provide identification or providing false information when requested will increase from $500 to $1,000
According to the Ministers, these changes are aimed at addressing gaps in the current law and ensuring that repeat offenders are deterred more effectively. Mrs McKee stated, “For too long, offenders have treated trespass notices like a joke. These changes send a clear message: enough is enough. If you threaten retail workers or steal from businesses, don’t expect to walk back in like nothing happened.”
Industry Engagement and Consultation
The Government acknowledged the role of industry consultation in shaping the proposals. Minister Goldsmith said, “I want to thank Sunny Kaushal and the Retail MAG for engaging with retailers across the country and for their recommendations on how to modernise the Trespass Act, so it better upholds retailers’ business and property rights, while keeping customers and staff safe.”
In addition to the proposed legislative changes, the Government will consider mechanisms for supporting retailers in the distribution of trespass notices to individuals who refuse to engage.
