Image copyright Getty Images

A New Zealand department store has relented in the case of a 12-year-old boy whom it had accused of trespass and banned for two years because he was caught building a pillow fort.

The Auckland store's security team told Kyan Hatcher he could face up to three months in jail if he breached the ban.

His mother complained that he was "just being a kid and being creative".

The Warehouse Westcity admitted the matter could have been "handled better" and has removed the trespass notice.

A company spokeswoman said it was investigating and trying to get in touch with the family.

But his mother, Johanna Hatcher, said she thought the matter was ridiculous as "he wasn't stealing anything".

"If anything he should have got a warning about playing with things in their shop but definitely not a trespass notice and being made to feel like a criminal," she said, Stuff.co.nz reported.

Kyan and a friend were filmed earlier this month playing with the pillows in the store, his mother said.

But nothing was said at the time and he and his father only found out he was in trouble when they returned to the shop on 17 September.

Father and son were shown the security video, handed the trespass notice and escorted from the premises. The family say the guards suspected people were using the pillow fort as somewhere to sleep overnight.

The store has asked all customers to abide by health and safety guidelines.