NZ Overhauls Trespass Laws to Boost Retailer Protection and Safety

In a decisive move to reinforce retail and workplace safety, the New Zealand Government has unveiled a series of proposed changes to the Trespass Act, aimed at giving businesses stronger legal tools to deal with repeat offenders and criminal intrusions. Announced by Justice Minister Paul Goldsmith and Associate Justice Minister Nicole McKee, the proposed reforms are part of the Government’s broader strategy to restore law and order and make public-facing workplaces safer across the country.

The reform is driven by ongoing concerns from retailers, small business owners, and communities that current trespass laws are outdated, toothless, and ineffective in deterring persistent offenders.

"Our trespass laws are no longer fit for purpose. Offenders ignore them and continue to target businesses repeatedly, robbing them of their livelihoods," Minister Goldsmith stated.

Key Proposed Reforms: Tougher Penalties and Expanded Scope

The upcoming changes to the Trespass Act 1980 include four core provisions aimed at strengthening enforcement, increasing penalties, and making trespass notices more effective across multiple business locations.

1. Extended Trespass Duration

• Current law: Maximum trespass period is 2 years

• Proposed change: Increase to 3 years

• Purpose: Provides longer protection for businesses from known offenders, reducing the need for repeated paperwork and enforcement cycles.

2. Franchise and Multi-Site Coverage

• New provision: Businesses such as franchises or chains will be able to issue single trespass notices that apply across multiple locations.

• Purpose: Prevents offenders from being banned from one site only to return and offend at another outlet of the same business.

3. Increased Penalties for Defying a Trespass Notice

• Refusing to leave or returning when trespassed:

  • Fine to increase from $1,000 to $2,000

4. Increased Penalties for Withholding or Falsifying Personal Information

• Refusing to provide a name/address or providing false information:

  • Fine to increase from $500 to $1,000

These revisions are designed to signal that trespassing is no longer a minor inconvenience for businesses—it is a criminal offence that will carry real consequences.

A Message to Offenders: Zero Tolerance for Threats and Theft

Associate Minister Nicole McKee took aim at the repeat offenders who often flout current trespass laws with little consequence: "For too long, offenders have treated trespass notices like a joke. These changes send a clear message: enough is enough. If you threaten retail workers or steal from businesses, don’t expect to walk back in like nothing happened."

The emphasis is on protecting frontline retail workers, who often bear the brunt of intimidation, theft, and verbal abuse.

McKee added, “Every New Zealander deserves to feel safe at work. These reforms are about more than fines—they’re about respect for retail workers, deterrence for offenders, and restoring the dignity of our public-facing businesses.”

Acknowledging Industry Input: Retailers and MAG Consulted

The reforms are partly a response to calls for action from the Retailer Merchandise Advisory Group (Retail MAG) and its chair Sunny Kaushal, who led a national consultation effort with retailers.

Minister Goldsmith praised their input: "I want to thank Sunny Kaushal and the Retail MAG for engaging with businesses across the country. Their insights have been critical in shaping reforms that truly reflect the on-the-ground realities faced by retailers."

Next Steps: Implementation and Support for Retailers

While legislation is still in the draft phase, the Government has committed to consulting further on how best to support retailers in distributing and enforcing trespass notices, particularly for offenders who refuse to engage or identify themselves.

This may include:

• Streamlined templates for issuing trespass notices

• Education campaigns for small businesses

• Enhanced police support for chronic offenders

• Exploring digital tools for notice registration and sharing across locations

The Trespass Act Amendment Bill is expected to be introduced later in 2025, following a final round of stakeholder engagement.

Restoring Respect and Safety in Business Environments

The proposed overhaul of New Zealand’s trespass laws reflects a growing consensus that more must be done to protect business owners, retail staff, and customers from repeat criminal behaviour. By increasing penalties, extending protections, and closing loopholes, the Government is taking a firm step toward restoring law and order in public commercial spaces and ensuring New Zealanders feel safe where they work and shop.