A tougher stance on dishonesty offending: what the new theft laws mean
Theft penalties have changed and a new offence has been created. Here is what anyone facing a dishonesty charge needs to know.
The cost of living is affecting people from all walks of life, and theft, including shoplifting, charges regularly come before the Queenstown District Court. Courts have referred to shoplifting as a "scourge in our community". In response to a nationwide increase in retail crime, maximum penalties have changed and a new offence has been introduced.
What has changed for theft penalties
Before 8 August 2026, theft was divided into three value bands, each with a corresponding maximum penalty:
$500 or less: three months' imprisonment;
$500 to $1,000: one year's imprisonment; and
more than $1,000: seven years' imprisonment.
For offending committed on or after 8 August 2026, there are two value bands and corresponding maximum penalties:
$2,000 or less: one year's imprisonment; and
more than $2,000: seven years' imprisonment.
Conduct which may previously have been regarded as lower-level theft, involving property worth less than $500, has been met with a nine-month increase to the maximum penalty and the potential for more stern sentencing outcomes.
A new offence: theft in an offensive, insulting or disorderly manner
A new charge has also been legislated: theft in an offensive, insulting or disorderly manner. Where the value of the property does not exceed $2,000, the maximum penalty is two years' imprisonment. The offence addresses theft accompanied by offensive, insulting or disorderly conduct, including conduct directed towards store staff, security guards or members of the public which goes beyond standard "quiet shoplifting".
A new infringement offence for lower-value theft
A separate infringement offence is also to be added to the Summary Offences Act 1981 for theft not exceeding $1,000. Police may use the infringement process or exercise their discretion to lay a charge under the Crimes Act 1961. If the infringement process is used, the maximum court-imposed fine is $750 where the property is worth $500 or less, and $1,500 where it is worth more than $500. An infringement offence does not result in a criminal conviction.
How Todd Walker can help
If you have any questions or are facing criminal charges, our Criminal Defence team can provide you with advice and represent you in court, in Queenstown, Wānaka and across Central Otago. Contact us at enquiries@toddwalker.com or +64 (03) 441 2743.
This article is general information, not legal advice. For advice specific to your situation, get in touch with our team.