Talking to police in New Zealand
What you say to the police can become the most important evidence in your case. Knowing when to speak - and when not to - protects you.
This guide is general information, not legal advice about your situation - every case turns on its own facts.
What you must tell police
If you're detained or arrested, you must give your name, address and date of birth. Beyond that, you generally have the right to remain silent about an alleged offence.
The right to silence
You don't have to answer questions about an offence or give a statement. Exercising your right to silence cannot, by itself, be treated as evidence of guilt. If in doubt, say you wish to speak to a lawyer first.
Voluntary interviews
Police may invite you to a 'voluntary' interview when you haven't been arrested. You are not required to attend or to answer questions. Get legal advice before agreeing - what feels like a chance to 'explain' can become evidence.
Why get advice first
An experienced lawyer can tell you whether saying anything is in your interests, and can be present or advise you beforehand. There is rarely a downside to getting advice before you speak.
Frequently asked questions
Do I have to answer police questions?
Beyond your name, address and date of birth, you generally don't have to answer questions about an alleged offence. You can say you wish to speak to a lawyer first.
Does staying silent make me look guilty?
No. The right to silence is a fundamental protection, and exercising it cannot by itself be treated as evidence of guilt.
Should I go to a voluntary police interview?
Not before getting advice. You are not required to attend a voluntary interview. Speak to a lawyer first - what you say can be used as evidence.
Need advice on your situation?
Every case is different. Call for a confidential, no-obligation discussion.