A Hastings man does a double Citizens arrest

[Conquiztador]

"At about 1:18 this Valentines Day morning Police were called to an attempted burglary of the Mahora Pharmacy on Tomoana Rd, Hastings. The offenders were a 31 year male and 22 year old female who had smashed the pharmacy windows in an attempt to gain entry. A member of the public was alerted by the sound of breaking glass and ran to the scene whilst his partner called 111. The offenders attempted to decamp, but were both caught and pinned on the ground by our passer by. Whilst wrestling with the offenders our Hastings Citizen managed to disarm the male offender who had produced a metal bar, which had previously been concealed. Police arrived and both offenders were arrested, the male offender being charged with Burglary and possession of an offensive weapon and the female with been party to burglary.
Our Citizen was unhurt and police would like to thank him and his partner for their quick actions in thwarting the burglary and apprehension of these offenders."

What a guy! Disarmed and pinned down both scumbags and held them for the police! They should quickly offer him a job!!!

[Marmoot]

According to our current legislation, I bet that citizen can be done for two counts of assaults, and maybe a trespassing.

[ManDownUnder]

According to our current legislation, I bet that citizen can be done for two counts of assaults, and maybe a trespassing.

Shit yes... areest that man. Bastard has no right to touch them (directly or by proxy). He's in more shit than the burglars.. watch this space...

[ManDownUnder]

Back on track though... buy that man a beer... f'n good job!

[MSTRS:Me]

Back on track though... buy that man a beer... f'n good job!

Make it quick tho...they're not serving in prison.

[Fooman]

Shit yes... areest that man. Bastard has no right to touch them (directly or by proxy). He's in more shit than the burglars.. watch this space...

Grabbed from the interweb:

Abridged from 'Legally Speaking' by Michael Guest published in the Otago Daily Times 29 March 2004. Michael Guest is a former lawyer and District and Family Court Judge.

Hello, Hello Hello. Citizen Mr Plod here...
Citizen's arrest still remains in New Zealand. It is part of our Crimes Act 1961 but please be careful. We don't encourage vigilantes or bounty hunters.

Here is the law. Section 35 - Every one is justified in arresting any person whom he finds committing any offence against this Act for which the maximum penalty in not less than three years' imprisonment or any person whom he finds by night committing any offence against this Act.

In a nutshell, you can arrest anyone committing a crime punishable by more than three years imprisonment during the day.

The right relates to Crimes Act offences, not the Arms Act or the Misuse of Drugs Act or the Land Transport Act.

If you see Bill the burglar committing a fairly major crime, then you can arrest him and use reasonable force to hold and deliver him to the police. If you spot Suzie the shoplifter at night, then you can arrest her. But if you saw someone shoplifting during the day then you would have to consider the value of the item that was being stolen.

"What is the value of those chattels you have just nicked, my good man?" you might pleasantly enquire before deciding to arm wrestle him to the ground. Forget it.

If the value is less than $500, the thief can only get three months. You cannot arrest. If the value is between $500 and $1000 then his maximum jail term is 12 months. You cannot arrest. If the value of the item stolen is more than $1000 the then thief can get seven years. You can arrest. So you can use a citizens' power of arrest only if the thief was stealing something worth more than $1000. Except by night, that is. And night is defined as between 9pm and 6am.

However, if the thief is stealing as a servant, or pinching out of a car or a receptacle such as a locked box, then the maximum penalty is seven years imprisonment, regardless of the value, and you can arrest. Too complicated by half.

I won't be liked by shop security officers for this. They have no power to detain you during the day unless the goods you have stolen are worth over $1000 but if you steal anything at night then they do have that power.

The law does give them power to use reasonable force to take the items off you and they are protected from criminal prosecution if they believe they are acting within the law by arresting you. It is a complicated procedure but you should understand this power and that it can be exercised against you. Do not exercise the power yourself unless you are absolutely certain that it is the right thing to do. If you can retreat and summon police intervention then you should do so.

And then we have section 34. "Every one called upon by a constable to assist him in the arrest of a person believed or suspected to have committed any offence is justified in assisting unless he knows that there is no reasonable ground for the belief or suspicion". You can become a deputy.

If you are arrested by a citizen then you are in a difficult position. If you are being arrested unlawfully then you can resist. However, if the arrest is subsequently proven to be lawful then your resisting may well be classified as assault.

A first or second charge of drink-driving is punishable by a maximum of three months imprisonment so there is no citizen's power of arrest. Further, drink-driving is not a crime. It is a traffic offence, although a serious one. A citizen does not have the power to arrest a drunk driver. The law will simply not allow vigilant justice, however important the apprehension of drunk drivers is to society.

Finally, section 42 says that anyone who witnesses a breach of the peace may use reasonable force to prevent its continuance or renewal and may detain the offender and deliver him to a constable. This could open the floodgates for mass citizens' arrests in the main street on Friday night but just let the police do their job. However, the power is there and may be used responsibly in the right case.

In the final analysis, I advise that by the time you have said "My name is Cecil Greebstibling of Primrose Place, window dresser, and I am arresting you for armed robbery", prepare yourself for a bashing. Ring the police.