Citizen's Arrest in NZ: What Changed in 2026 and How to Get It Right
Since 8 August 2026, any New Zealander can arrest someone they find committing a Crimes Act offence, at any hour of the day. The law widened the door. It did not lower the standard for walking through it.
I have spent more than two decades in New Zealand security and taught defensive tactics to people who make these decisions for a living. This guide sets out what the law now says, where its limits are, and how professionals use it well.
At a glance
- A citizen's arrest can now be made for any Crimes Act offence you find being committed, at any time of day.
- You must contact Police as soon as practicable and follow their directions, or you lose the law's protection.
- Use only necessary, reasonable force. Never kneel or sit on someone, or press on their neck or head.
- Do not question or search the person. Their welfare is your responsibility until Police take over.
- In most situations the safest choice is still to observe, record and call 111.
Can you make a citizen's arrest in New Zealand?
Yes. A citizen's arrest is when someone who is not a police officer arrests a person for committing, or having committed, an offence under the Crimes Act 1961. A security uniform adds no extra power. A guard arrests under the same protections as any member of the public.
New Zealand Police still say that in most situations the safest course is to keep people safe, observe, and call 111. The New Zealand Security Association (NZSA) says arrest is a last resort, for trained and competent staff only. We agree, and this guide is built on that line.
What changed on 8 August 2026
The Crimes Amendment Act 2026 changed the Crimes Act from 8 August 2026. These are the changes that matter to anyone who might detain a person.
- Any Crimes Act offence, any time (s 35). Before, the power applied at night (9pm to 6am) for any Crimes Act offence, and in daytime only for offences carrying 3 years' imprisonment or more. Now any Crimes Act offence qualifies, day or night.
- Contact Police and follow their directions. The person making the arrest must contact Police as soon as practicable and follow their directions. If not, the legal protection is lost.
- Restraints (s 39). Force used to make an arrest can now include physical or mechanical restraints, but only while they are necessary.
- Defending goods (s 52). The old rule that you must not strike or do bodily harm has been removed. Force must still be reasonable.
- Removing a trespasser (s 56). The same no-striking wording was removed from the defence of land and buildings. Force must still be reasonable.
The change was contested. Retail NZ, the Police Association and Business NZ opposed it at select committee, warning of injury risk to untrained people. In September the NZSA launched good practice guidelines and an advanced training course for guards.
A power to arrest is not a duty to arrest. The Justice Minister has said using the powers is optional and up to each business.
When the law protects you
How strongly the law protects you depends on what you actually saw.
- Section 35: you find the person committing any Crimes Act offence. You are justified, meaning not guilty of an offence and not liable to be sued.
- Section 36: by night, you have reasonable and probable grounds to believe an offence is being committed. Criminal protection only, so you can still be sued.
- Section 37: you believe on reasonable and probable grounds that an offence has already been committed. Criminal protection only.
- Section 38: you believe an offence has been committed and the person is escaping while being pursued by a lawful arrester. Criminal protection only.
Three traps that catch good people out
- Found committing means now. The strongest protection, s 35, needs an offence actually being committed in front of you. Suspicion alone does not meet it.
- Crimes Act offences only. Drug, driving and Trespass Act offences sit in other laws and are outside these protections.
- Age and capacity matter. A child under 10 cannot commit an offence, and a child aged 10 to 13 can only if they knew it was wrong. Detaining a child, or a person with impaired capacity, carries real legal risk.
You must tell the person why they are being arrested at the time, unless that is impracticable or the reason is obvious. Plain words are enough (Crimes Act s 316(1)). Police also require you to say clearly that you are making a citizen's arrest and holding them until Police arrive.
Force: necessary, reasonable, and yours to explain
The power to arrest and the power to use force are separate tests. Pass the first and you still have to pass the second, second by second.
- Force to make an arrest (s 39). Only the force needed to overcome resistance, judged objectively rather than by what you felt was needed. There is no defence where a less violent way was reasonably available, and no force intended or likely to cause death or grievous bodily harm unless you are assisting Police.
- Self-defence and defence of others (s 48). You may use the force that is reasonable in the circumstances as you believe them to be.
- Defending goods and premises (ss 52 and 56). Reasonable force to stop property being taken, to take it back, or to remove a trespasser. Removing the no-striking wording did not make a punch lawful. If it is not reasonable, it is an assault. The Supreme Court in Taueki v R held that removing a trespasser ordinarily requires notice first and a reasonable chance to leave.
- Excess of force (s 62). Anyone authorised to use force is criminally responsible for any excess.
Get it wrong and the consequences are serious. Unlawfully detaining someone can amount to kidnapping, which carries up to 14 years' imprisonment, and unlawful force starts at common assault. In September 2026 a man in Hamilton who tried a citizen's arrest was himself charged with assault.
Positional asphyxia kills. Never kneel or sit on a person, and never put pressure on their neck or head. Once the person is calm, ask whether any restraint is still needed. If it is not, release it.
After the arrest: the person is in your care
The moment you detain someone, their safety becomes your responsibility until Police take over. Police guidance says you must:
- Call 111 as soon as practicable and follow every Police direction, including a direction to release the person.
- Ask for the person's cooperation and keep force to the minimum needed.
- Not question the person.
- Not search the person or their belongings.
- Think about where you are holding them, whether they need medical help, and whether they are vulnerable through age, disability or intoxication.
- Check on their welfare regularly.
- Be ready to give Police a statement.
Police attend based on demand and may tell you to release the person before they arrive. If they do, release them, record the direction, and preserve your evidence. Your account will matter in any later prosecution.
Trespass is usually the better tool
Most site problems are solved by the Trespass Act 1980, not by an arrest. A warning to leave (s 3) or a warning to stay off for 2 years (s 4) can be given orally or in writing, and breaching either carries up to a $1,000 fine or 3 months' imprisonment. Trespass Act offences are not Crimes Act offences, so refusing to leave is not, on its own, grounds for a citizen's arrest. Give a clear warning, allow a reasonable chance to leave, and call Police if the person stays.
For more on trespass warnings, searches and self-defence, read What Security Guards Can Legally Do in NZ.
The professional decision: arrest is the last option, not the first
The NZSA's guidance is that guards should first observe, de-escalate, gather evidence and call Police. Guard Select Academy teaches that order through four frameworks. If any step fails, stand down, observe, record and call 111.
- PCA: Perceived Cumulative Assessment. Build the whole picture before you move. Count people, look for weapons, and note intoxication, the crowd, exits and your backup.
- TENR: Threat, Exposure, Necessity, Response. Is anyone under threat, or only property? What exposure to harm does acting create? Is detention necessary, or will evidence and a Police report do? What is the least forceful response that works?
- Lawful. A Crimes Act offence, being committed in front of you, by the person you are sure it is, who is old enough and capable enough to be responsible.
- Authorised. Do the client's site instructions allow arrests? Retail NZ says retailers should decide whether to allow citizen's arrests in their stores.
- Capable. Are you trained, fit and equipped? The NZSA links safe arrests to stab-resistant vests, body cameras and a high level of fitness.
- AWOCA: Ask, Why, Options, Confirm, Act. Ask for cooperation. Explain why. Offer options, such as returning the goods or waiting calmly for Police. Confirm they understand. Act only if you still must.
- TOR: Tactical Options Reporting. Record every option you considered, the one you chose, and why.
Property can be replaced. People cannot. A guard who stands down, keeps everyone safe and hands Police a clean report has done the job well.
Reporting and evidence
Write your report before the end of your shift. Record, with times: what you saw and why it was a Crimes Act offence; the words you used to announce the arrest; when you called 111, the event number and every Police direction; each use of force or restraint and when it started and ended; welfare checks, injuries and first aid; witness details; and the time you handed over to Police or released the person. Flag CCTV and body camera footage so it is kept for Police, and never post it online.
Train with Guard Select Academy
Guard Select Academy's Citizen's Arrest and the Law course, coming soon and free like the rest of the Academy, turns this guide into scenario training on the law, force and restraint, the decision to act, communication, aftercare and reporting. The course builds knowledge and judgement. Physical restraint and handcuff skills need face-to-face training.
The standard we train to
The law now trusts every New Zealander with this power. Professionals keep that trust by using it rarely, lawfully and well, and by being able to explain every decision afterwards.
That's the standard this industry should be trained to. It's the standard we train to.
This article is general information, not legal advice. It reflects New Zealand law and official guidance as at October 2026.
Be the change. Join the movement.
Yours faithfully,
Tarquyn Read
Founder, Guard Select
Guard Select Limited, PSPLA company licence 26-141664
Sources
More from the Guard Select blog
Book a licensed security guard in your city
Guard Select connects you directly with COA-verified guards across New Zealand — no agency middle layer, guards keep 97% of every booking.