What to do if you're arrested in New Zealand
The first few hours matter. Knowing your rights - and using them - can protect you for the rest of your case.
This guide is general information, not legal advice about your situation - every case turns on its own facts.
1. Stay calm and be polite
Don't resist, argue or try to talk your way out of it - that only adds risk. Being co-operative about the basics doesn't mean giving up your rights.
2. You have the right to silence
You must give your name, address and date of birth. Beyond that, you generally don't have to answer questions about the alleged offence. Politely say you wish to speak to a lawyer first. Anything you say can be used as evidence - including casual remarks in the police car or cells.
3. Ask for a lawyer - without delay
You have the right to consult and instruct a lawyer in private, as soon as practicable after being detained or arrested. Ask to do this before any interview. You can name your own lawyer or use the free duty lawyer.
4. Don't agree to an interview before advice
Police may ask you to make a statement or take part in a recorded interview. You are not obliged to. Get advice first - an experienced lawyer can tell you whether saying anything is in your interests.
5. Bail and your first court date
After being charged you may be released on bail (sometimes with conditions, such as where you live or who you can contact), or kept in custody to appear in court. Your first appearance is usually in the District Court, where a duty lawyer can assist if you don't yet have your own.
Frequently asked questions
Do I have to answer police questions?
Beyond giving your name, address and date of birth, you generally have the right to remain silent. You do not have to give a statement or answer questions about an alleged offence, and it is usually wise to speak to a lawyer first.
Can I get a lawyer straight away?
Yes. You have the right to consult and instruct a lawyer without delay and in private once detained or arrested. You can ask to call a lawyer before any interview.
Should I do a police interview?
Not before getting advice. You are not required to take part in a police interview about an offence. Get legal advice first - what you say can be used as evidence.
What happens after I'm charged?
You'll either be released (often on bail, sometimes with conditions) or kept in custody to appear in court. Your first court appearance is usually in the District Court, where a duty lawyer can help if you don't yet have your own.
Arrested or expecting to be charged?
Early advice can change the outcome. Call for a confidential discussion.