Arrested?
Posted: 4 April 2025
There is a fair legal process Many people are guilty of spending too much time in front of screens watching crime shows. There is certainly no shortage of police dramas on television.
There is a fair legal process
There is, however, plenty of dramatic licence in the way the procedure is portrayed on screen. The police can’t just bundle you away in a car in the dead of night without good reason. Nor can the police force information out of people as sometimes happens in TV shows. Thankfully in real life there are rules.
When can you be arrested?
A police officer, and anyone they call to assist, can arrest and take you into custody (being locked in a cell) if you are found to be disturbing the public peace or committing an offence that can be punished by a spell in prison. Police officers can also arrest you if they suspect you have committed a breach of the peace or any other offence where you can be punished by a prison sentence.[1] The police must have good cause to suspect you have committed a crime.
You can also be arrested if the police officer has a warrant issued by the court. A warrant for arrest can be for various reasons such as if you don’t turn up in court as directed. Or it could be you are charged with an offence but police couldn’t locate you to get you to court and they have obtained a warrant in place of a summons.
What are your rights?
The New Zealand Bill of Rights Act 1990 sets out the rights of someone who is arrested or detained by police. Anyone who is arrested must be treated humanely and with respect.
If there is an arrest warrant, you have the right to see it. You have the right to know why you have been arrested, to speak to a lawyer (more on this below), and to be charged promptly or released.
In many situations, you may be released on bail by police after your arrest. Bail conditions can cover many things such as where you must live, who you can contact, places you cannot go, whether you can drive, whether you can drink alcohol and whether you must give your passport to the police. You will be given a date to appear before a judge in court.
If you are charged with an offence and held in custody, you must be brought before a court as soon as possible. In certain circumstances your vehicle may be impounded or your property seized.
What to tell the police if you are arrested
You are legally required to tell the police your name, address, date of birth and occupation. You must give your fingerprints to the police and allow police to take your photograph.
You do not, however, have to provide any other information. You have the right to silence and the police must advise you of this right.
The right to a lawyer
If you are arrested or held for questioning, you have the right to speak to a lawyer in private – without delay. Police are required to tell you of your rights to have a lawyer. The Police Detention Legal Assistance service is free and available at any time of the day or night. You can also ask the police to call a lawyer of your choice.
When arrested, you should always take the opportunity to speak to a lawyer and get some legal advice before making any decisions or giving any statements to police. The right to a lawyer is fundamental and for good reason as you will need to have someone ‘on your side.’ We strongly recommend you get advice from a lawyer when you are first arrested so you are fully informed before making any decisions.
You are innocent until proven guilty
Just because you are arrested it doesn’t mean you are guilty of committing a crime. The presumption that a person is innocent until proven guilty is at the heart of New Zealand’s legal system. Everyone has the right to defend themselves when charged with a criminal offence.
[1] Section 315, Crimes Act 1961.
DISCLAIMER: All the information published in the Property eSpeaking, Commercial eSpeaking, Trust eSpeaking, Rural eSpeaking, and Fineprint newsletters is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in Property eSpeaking, Commercial eSpeaking, Trust eSpeaking, and Fineprint may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: [email protected]. Ph: 029 286 3650 or 04 496 5513.
