Criminal Law in New Zealand

The police want to interview me — do I have to answer their questions?

Beyond giving your name, address and date of birth, no. You have the right to remain silent and the right to speak to a lawyer before and during questioning — and if you are detained or arrested, the Police Detention Legal Assistance scheme provides a free on-call lawyer at any hour. What you say in an interview is evidence; getting legal information first is not obstruction, it is your right. Call the free line before you decide what to do.

What happens at my first court appearance?

Most first appearances in the District Court are administrative: the charge is read, you can seek legal aid, and the case is usually adjourned so you can get advice — entering a plea can often wait. A free duty lawyer is at court to help people on their first appearance. Decisions about bail are made here too, which is why arriving with a plan matters more than most people realise.

Will I get bail?

Under the Bail Act 2000 the starting point for most people is bail, but the court weighs the risk of further offending, interference with witnesses, and failing to appear — and for some repeat or serious charges the burden flips onto the defendant. Conditions (curfews, non-association, residence) are common. A prepared bail application, with an address and proposed conditions ready, makes a real difference.

Can I avoid a conviction altogether?

Sometimes. Police diversion can resolve first-time, less serious matters with no conviction — typically involving an apology, donation or programme. Separately, a court can grant a discharge without conviction under s 106 of the Sentencing Act 2002 where the consequences of a conviction would be out of all proportion to the offence — commonly argued for travel, employment or professional-registration reasons. Both need to be raised early and argued properly.

What are the four offence categories and why do they matter?

The Criminal Procedure Act 2011 sorts every offence: Category 1 (fine or community sentence only), Category 2 (under 2 years' maximum, judge alone), Category 3 (2 years or more — you may elect a jury), Category 4 (murder, manslaughter and other Schedule 1 offences — High Court, judge and jury). The category controls which court hears you, whether a jury is possible, and the procedural path — it is the first thing to establish about any charge.

Do old convictions stay on my record forever?

Not always. Under New Zealand's clean slate scheme, if you complete 7 years without any conviction and meet the criteria — no custodial sentence ever, and the conviction is not for a specified serious offence — your record is concealed for most purposes and you can lawfully say you have no convictions. Serious offences never qualify, and some situations (like certain overseas travel questions) sit outside the scheme.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about New Zealand criminal law and process — not legal advice on your specific case — and calling creates no lawyer-client relationship. For advice and representation, we connect you with an expert New Zealand criminal lawyer for a one-hour consultation at a fixed NZ$295 (GST inclusive), bookable right on the call — and we will tell you when the free duty lawyer or legal aid is the better first step.