Indian business community divided on trespass law reforms
Photo:
RNZ / Blessen Tom
The Indian business community is divided over proposed reforms to the Trespass Act that were unveiled by the government in Auckland on Thursday.
Some welcomed the move as a step toward better protection from retail crime, while others remained uncertain about its practical impact.
Under the
proposed changes
, franchises would be able to trespass individuals from multiple locations, while the maximum duration and fines for trespass notices would double.
The reforms come just days after the government introduced tougher penalties for shoplifting as part of a
broader crackdown on retail crime
.
"We know our trespass laws are no longer fit for purpose," Justice Minister Paul Goldsmith said.
"They're difficult to enforce and often criminals take no notice," he said. "They return with impunity and just continue to rob businesses of their livelihoods."
He said the government would look at how best to support retailers in issuing trespass notices before the legislation was introduced, particularly when offenders refused to cooperate.
Jaspreet Kandhari is general secretary of New Zealand Indian Business Association
Photo:
Supplied
Jaspreet Kandhari, general secretary of the New Zealand Indian Business Association, said the reforms were merely an "extension" of what was already in place.
"I don't see anything new, just that the trespass notices and the penalties have been increased and that's pretty much it," Kandhari said.
"The actual impact will happen when it comes down to enforcement," he said. "That's the real challenge, and that hasn't been solved."
Kandhari preferred to see even tougher penalties, including potential imprisonment.
"I'm not sure increasing the notice period and raising the infringement from $1000 to $2000 will make any substantial difference," he said.
Rajesh Goel, president of the Auckland Indian Retailers Association, also questioned whether police had capacity to enforce the new laws.
"I'm not quite sure how this is going to work," Goel said.
"In South Auckland, we have a lot of problems with homelessness and people with mental health issues," he said.
"We can't just keep issuing trespass notices - I don't think they'll follow them either."
However, he acknowledged the government was moving in the right direction.
Rajesh Goel is president of the Auckland Indian Retailers Association.
Photo:
Supplied
Jithin Chittibomma, chair of the Sandringham Business Association, said the reforms were more suitable for large retailers than for small family-owned shops.
"Trespass notices in general are irrelevant to small retailers," Chittibomma said.
"They're more useful for supermarkets who can use AI, facial recognition and all of that," he said. "For small dairy shops, it's still the police that matter - and response times haven't improved."
Chittibomma said the coalition government had made some progress in tackling retail crime, and the current reforms were a good starting point.
"These are the first significant changes we've seen in the last 10 years," he said.
"Definitely a step in the right direction in my opinion but we'll have to wait for the data to see if they make a difference."
Harish Lodhia, director of Sona Sansaar jewellery store, said the changes were "long overdue".
"We welcome these changes," he said. "Hopefully the crime rate in this country comes back to pre-Covid levels."
Lodhia, who has issued trespass notices in the past, said it was "necessary" in some cases.
"We don't want to put anyone into problems unless it's a serious thing they've done," he said.
Himanshu Parmar, a member of the government's ministerial advisory group on retail crime, said the changes were part of a broader plan to improve protection for businesses.
"The government, along with the ministerial advisory group, is adding more layers to give retailers better protection," he said. "Actions must have consequences."
Sunny Kaushal is chair of the ministerial advisory group for retail crime
Photo:
RNZ / Samuel Rillstone
Sunny Kaushal, chair of the advisory group for retail crime, agreed.
"The Trespass Act is a key tool retailers rely on to keep offenders out, but it's 57 years old and out of date," Kaushal said.
Kaushal disagreed with the suggestion that the reforms wouldn't help small businesses.
"It's basically for everyone, big or small," he said. "Every business can issue these notices and, if people don't cooperate, they will face consequences."
He added that giving franchises power to issue trespass notices across multiple locations would be a "gamechanger" for small convenience stores and petrol stations.
Asked whether he was pushing the government to fast-track the legislation, Kaushal said he was as hard as he could.
"We are a democratic country, and we have to respect the parliamentary process," he said.
He said Goldsmith had assured him the legislation would move forward in a couple of months.
Once passed, Kaushal said, police would be required to enforce it.
"This is a very old piece of legislation that's no longer working," he said.
"But it's an important tool that every retailer in New Zealand relies on," he said. "We need to update it so offenders think twice before they do anything."
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Photo: RNZ / Samuel Rillstone The government has also made it clear that it doesn't mind if the carbon price is too low to drive companies cut emissions - in its view, planting trees at a lower cost to soak carbon up is just as good, especially if it works out cheaper for emitters and households. Others - the Parliamentary Commissioner for the Environment, the Climate Change Commission and the OECD among them - disagree. They say New Zealand is running a risk of suffering major regret in the future, when there's no more suitable land for planting pine trees and it still hasn't tackled the root sources of its carbon emissions. Plus, there will be swaths of land tied up in (potentially fire-prone) trees that can never be cut down ... unless their owners repay all the NZUs they've generated. "It depends on what your vision of the role of the ETS is," says Green. "It won't have any effect on gross emissions at the prices we're seeing today. 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