OIAPG786 Julian Jackson Documents.pdf

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Document 1
SOU-24-MIN-0058
Cabinet Social Outcomes
Committee
1982
Minute of Decision
This document contains information for the New Zealand Cabinet. It must be treated in confidence and
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handled in accordance with any security classification, or other endorsement. The information can only be
released, including under the Official Information Act 1982, by persons with the appropriate authority.
Ministerial Advisory Group: Victims of Retail Crime
Portfolios
Justice / Associate Justice (Hon Nicole McKee)
On 19 June 2024, the Cabinet Social Outcomes Committee:
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noted that retail crime in New Zealand has increased significantly over the past five years;
2
agreed to the establishment of an Advisory Group on Retail Crime (the Advisory Group),
which will provide high quality, independent advice, and recommendations on combatting
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retail crime to the Minister of Justice and the Associate Minister of Justice (Hon Nicole
McKee) (the Ministers);
3
agreed that the Advisory Group will be established for two years;
4
noted the draft Terms of Reference for the Advisory Group, attached at Appendix A to the
submission under SOU-24-SUB-0058;
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authorised the Minister of Justice to finalise the Advisory Group’s Terms of Reference;
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6
noted that the Advisory Group will consist of a Chair and up to four members;
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noted that the Ministers intend to submit a paper to the Cabinet Appointments and Honours
Committee (APH) appointing Mr Sunny Kaushal as Chair;
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noted that the Minister of Justice will return to APH to seek agreement to the Advisory
Group’s membership in August 2024;
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agreed to draw-down $3.600 million from the Proceeds of Crime Fund (PoCF) to further
provide for the policy set out in paragraph 2 above;
10
agreed to establish the following new appropriation:
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Vote
Appropriation  Appropriation  Title
Type
Scope
Minister
Administrator
Justice
Minister of
Ministry of
Independent
Non-
This appropriation is
Justice
Justice
Advice to
Departmental
limited to independent
Ministers
Output
advice and assurance, and
expense
related costs, to support
decision-making by
Ministers
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SOU-24-MIN-0058
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approved the following changes to appropriations to give effect to the policy decision in
paragraph 2 above, with a corresponding impact on the operating balance and net debt:
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$m – increase/(decrease)
Vote Justice
Minister of Justice
2024/25
2025/26
2026/27
2027/28
2028/29
& outyears
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Non-Departmental Output
Expense: Independent Advice to  1.350
1.800
0.450
-
-
Ministers
(funded by revenue Crown)
Total
1.350
1.800
0.450
-
-
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agreed that that the expenses incurred under paragraph 11 above be charged against the
PoCF;
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noted that following the adjustments in paragraph 11 above, the balance of the PoCF will be
$8.688 million;
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agreed that the change to appropriations for 2024/25 above be included in the 2024/
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Supplementary Estimates and that, in the interim, the increase be met from Imprest Supply;
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noted that the Ministers will draw Cabinet’s attention to the Advisory Group’s advice or
recommendations as they see fit.
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Jenny Vickers
Committee Secretary
Present:
Officials present from:
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Rt Hon Winston Peters
Office of the Prime Minister
Hon David Seymour
Officials Committee for SOU
Hon Dr Shane Reti
Hon Erica Stanford
Hon Paul Goldsmith
Hon Louise Upston (Chair)
Hon Mark Mitchell
Hon Melissa Lee
Hon Nicole McKee UNDER
Hon Penny Simmonds
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Victims of Retail Crime Ministerial Advisory Group
Purpose
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This briefing seeks your approval for the revised operating budget and the 2024 work programme
of the Victims of Retail Crime Ministerial Advisory Group (the Advisory Group).
Recommended action
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We recommend that you:
a.
Approve the revised operating budget, detailed in paragraph 6, Table 1
Yes / No
b.
Approve the Advisory Group’s 2024 work programme, attached as Appendix One.
Yes / No
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Sunny Kaushal
Chair, Victims of Retail Crime Ministerial
Advisory Group
Date: 30 September 2024
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Hon Nicole McKee
Hon Paul Goldsmith
Associate Minister of Justice
Minister of Justice
Date: 3 October 2024
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Date:
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In Confidence
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Victims of Retail Crime Ministerial Advisory Group

Appendix One
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Ministerial Advisory Group (MAG) on Retail Crime
Work Programme 2024
(Prepared by Sunny Kaushal)
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Timeframe: September 2024 – December 2024
Objective: Provide actionable, evidence-based proposals and independent advice to the Ministries
for legislative changes to reduce retail crime, enhance the powers of security personnel, and
improve victim support.

1. PROGRAMME OVERVIEW
This work programme outlines the key deliverables and timelines for addressing retail crime in New
Zealand for the first quarter of the MAG.

2. KEY WORK STREAMS
Workstream 1: Defence of Property including Powers to Detain (October 2024 – December
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2024)
Objectives:
•  Amend laws to define what force is reasonable in defence of property, applicable to any
person, specifically amending relevant sections of the Crimes Act (ss 52, 53, 55 and 56).
•  Allow security guards, store staff, farmers, or members of the public to arrest and
temporarily detain an offender found to be committing a crime by day or night.
Key Tasks:
•  Comparative policy analysis with other jurisdictions
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•  Legal analysis of defence provisions in the Crimes Act.
•  Draft guidelines for reasonable force in defence of property.
•  Consult with retail businesses, legal experts, and law enforcement.
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•  Review existing legal frameworks.
•  Draft amendments to ss 35 and 36 to remove the ‘night’ and 3-year imprisonment
restriction.
•  Draft amendment to create powers of temporary detention pending transfer to a constable.
•  Engage with retail sector stakeholders, law enforcement, and legal advisors.
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Timeline:
•  Week of 14 October 2024: 1st Draft of the proposal.
•  Week of 11 November 2024: 2nd Draft post consultation with the Policy team and legal
advice.
•  Week of 25 November 2024: Final draft of the proposal and preparation for Cabinet
process. Defence of Property Cabinet Paper Submission.

In Confidence
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Victims of Retail Crime Ministerial Advisory Group

Workstream 2: Facial Recognition Technology (Nov 24- Dec 24)
Objective: Explore the use of facial recognition and licence plate technology to prevent and solve  1982
retail crime.
Key Tasks:
•  Research international practices and privacy implications.
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•  Consult with Privacy Commissioner and technology experts.
•  Draft amendments to the Trespass Act
•  Engage with Police, NZTA and LGNZ
•  Draft a policy framework for ethical facial recognition use in retail.
Timeline:
•  Nov 24: Facial Recognition Technology Policy Recommendation Draft Cabinet paper to
Ministers.

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In Confidence
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