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Expanded citizen’s arrest powers could open a legal can of worms – here’s what to know
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Scoop NZ - Politics
Advertisement - scroll to continue readingThe main change is to section 35 of the Crimes Act.
Importantly, this is not what the person using the force thinks is necessary – it means what is objectively necessary.
Section 52 of the Crimes Act allows “reasonable force” to be used to stop the theft or recover the property.
It has been amended to remove the prohibition on striking or doing bodily harm – but it still has to be reasonable force.
A legal can of wormsWhat if the person detaining or using force against someone steps outside the limits of these defences?