Charged with an offence in Gisborne? Understand your rights before your first court date.

I've been arrested in Gisborne — do I have to answer the police?

No. Under section 23 of the New Zealand Bill of Rights Act 1990 you have the right to stay silent and the right to consult a lawyer without delay, and the police must tell you about both. Beyond giving your name and details, you do not have to answer questions about the allegation. The safest course is to say nothing about the matter until you have spoken to a lawyer — and you can do that for free through the Police Detention Legal Assistance service.

Can I get a free lawyer while I'm being held by the police?

Yes. The Police Detention Legal Assistance (PDLA) service lets anyone who is arrested or detained speak to a lawyer by phone for free, whatever your income and with no minimum age. The police are required to tell you it is available and to help you contact a lawyer from the list — you just have to ask to use it.

Which court will my Gisborne case go to?

Almost all criminal cases start at the Gisborne (Tūranganui-a-Kiwa) District Court at 1 Customhouse Street. Less serious charges (Categories 1 and 2) stay in the District Court; mid-level charges (Category 3) can be tried there too, often with the option of a jury; and the most serious charges (Category 4, such as murder) are heard in the High Court, which also sits in Gisborne. Charges against 12–17-year-olds go to the Youth Court.

What are the four offence categories under the Criminal Procedure Act?

Since the Criminal Procedure Act 2011, every offence is sorted by its maximum penalty. Category 1 is the least serious (fine or community sentence only); Category 2 carries up to two years' prison and is judge-alone; Category 3 carries two years or more and gives you the right to elect a jury trial; and Category 4 covers the most serious offences listed in Schedule 1 (like murder and manslaughter), heard in the High Court by judge and jury.

Will I get bail, and what conditions might apply?

For most charges there is a presumption in favour of bail under the Bail Act 2000, but the court weighs the risk of reoffending, interfering with witnesses or not turning up — and for some serious charges you have to show why you should be released. Bail can come with conditions such as a curfew, a residence condition, non-association, or reporting to the Gisborne Police Station. Breaching a bail condition is itself an offence.

I can't afford a lawyer — what are my options in Gisborne?

You may qualify for criminal legal aid through the Ministry of Justice, which is means-tested and can pay for a lawyer to represent you. If you do not qualify, the Tairāwhiti Community Law Centre on Customhouse Street gives free legal advice, and if you are in custody the free PDLA phone service is open to everyone. Cost should never be the reason you face a charge without advice.

Is there a way to avoid a conviction for a first offence?

Sometimes, yes. Police adult diversion can let a first-time offender on a less serious charge complete conditions and have the charge withdrawn with no conviction. Separately, under section 106 of the Sentencing Act 2002 a judge can grant a discharge without conviction where a conviction would be out of all proportion to the offending. Neither is automatic — they have to be raised, ideally before you plead.

What's the drink-driving limit in Gisborne, and what happens if I'm over it?

The law is the same nationwide under section 56 of the Land Transport Act 1998: the adult limit is 250 micrograms of alcohol per litre of breath or 50 milligrams per 100ml of blood, and the limit is zero for drivers under 20. Between the adult limit and 400mcg breath / 80mg blood you face an infringement notice; above that it becomes a criminal charge dealt with at the Gisborne District Court, with penalties rising sharply for repeat offending. Use "drink-driving" here — there is no "DUI" in New Zealand law.

How long do the police have to charge me?

It depends on the offence. The least serious (Category 1, summary-type) offences generally must be charged within six months. Most more serious offences have no limitation period, so a charge can be laid long after the alleged conduct. If timing is a concern in your case, that is exactly the kind of point a lawyer should look at early.

Does this hotline give legal advice or get me a lawyer?

We give clear legal information — not legal advice — and reading this page creates no lawyer-client relationship. Legal Hotline is not a law firm and not a community law centre. When our New Zealand service launches you will be able to talk your situation through with an AI legal assistant trained on New Zealand law, and if you want representation we can help you connect with a New Zealand-qualified criminal lawyer for the Gisborne region.