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Submissions

NZ Parliament Crimes Amendment Bill

To: Justice Select Committee 
Date: February 2026

 

Purpose

The purpose of this submission was to oppose the Crimes Amendment Bill whose provisions around the expansion of citizen’s arrest powers (with the use of reasonable force if necessary) in retail settings pose risks to disabled people as offenders, customers and/or members of the public. 

Summary of DPA submission

DPA opposed the Bill and asked that it be withdrawn. 

However, DPA supported the modern slavery clauses contained in the legislation but called for them to be placed in the new Modern Slavery Bill which is due to come before Parliament during 2026. 

 

Supporting statements 

“Chief Justice Dame Helen Winkelmann in 2024, highlighted that Deaf and disabled people are disproportionately involved in the criminal justice system, both as victims and offenders, due to a combination of unmet needs, systemic barriers and high rates of neurodiversity. Over 90% of New Zealand’s prison population live with psychosocial disability/mental distress, drug and alcohol addiction, neurodiversity or other impairments.”  

“In addition, the 2025 New Zealand Crime and Victims Survey shows that, on an age-adjusted basis, disabled adults face twice the risk of interpersonal violence and triple the risk of family violence compared to non-disabled New Zealanders.” 

 “Disabled people may engage in retail crime for a host of reasons due to the need to, for example, simply survive (through the taking of essentials like food or clothing) or relieve past trauma. Social exclusion, poverty and lack of access to education, support and rehabilitation services (particularly for repeat offenders) are often drivers of retail crime.”  

 “For disabled people who engage in retail crime or are suspected of doing so, there is both a disproportionate risk of harm and a high risk of being wrongly accused of theft and criminal damage by retailers and/or members of the public based on peoples internalised negative attitudes and assumptions around disabled people many of whom who may look, move, sound or behave differently to non-disabled people.” 

 

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