A police charge in Napier, Hastings or anywhere across Hawke's Bay raises the same urgent questions: do I have to answer their questions, when do I appear at the Napier District Court, will I get bail, and is this serious enough that I need a lawyer? You do not have to guess. Our free AI legal assistant — built on New Zealand law, including the Crimes Act 1961 and the Criminal Procedure Act 2011 — explains in plain English exactly what happens next, what your rights are, and where the local free help is. It is general legal information, not legal advice, and it creates no lawyer-client relationship.
Free legal information. Not legal advice. Available 24/7 across Hawke's Bay.
Two things matter most in the first hour. First: you have the right to remain silent, and the right to consult and instruct a lawyer without delay — both guaranteed by section 23 of the New Zealand Bill of Rights Act 1990. If the police have arrested or are detaining you, you can speak to a lawyer right now, for free, through the Police Detention Legal Assistance (PDLA) scheme — it is free for everyone, regardless of income, and the police must tell you it exists. Second: anything you say can be used in evidence, so politely decline to answer questions until you have legal advice. Once you understand the charge and the court process, you can decide your next move.
Many guides online still describe the old law that was repealed in 2022. That is out of date. The Sentencing (Reinstating Three Strikes) Amendment Act 2024 reinstated the regime from 17 June 2025, and some warnings given under the previous law (between 2010 and 2022) can be reactivated. For a defined list of serious violent and sexual offences, a second qualifying conviction means a sentence without parole, and a third means the maximum penalty for that offence. If you are facing a serious charge and have any prior history, the strike analysis needs to be done at the very start — not left until sentencing. Understanding whether your charge and your record fall inside the regime is exactly the kind of thing our free assistant can help you map out.
If you cannot afford a lawyer, New Zealand has a genuine safety net for criminal matters. These are independent organisations, not Legal Hotline, but they are the right places to start. Several are free; criminal legal aid may be repayable depending on your means and the outcome.
Do I have to answer police questions in Hawke's Bay?
No. Section 23 of the New Zealand Bill of Rights Act 1990 gives you the right to remain silent and the right to consult a lawyer without delay. Beyond giving your name and details where required, you do not have to answer questions, and it is usually wise to wait until you have legal advice. Our free assistant can explain your rights before you say anything you cannot take back.
Can I talk to a lawyer for free if I'm arrested?
Yes. The Police Detention Legal Assistance (PDLA) scheme gives anyone in police custody free legal advice, regardless of income and at any hour, with no minimum age. The police must tell you it exists and keep a roster of criminal lawyers you can choose from. Use it before you answer questions or make any decisions.
Which court will my Hawke's Bay criminal charge go to?
Most charges start at the Napier | Ahuriri District Court at 251 Hastings Street, which serves Hastings, Havelock North and the wider region. Fine-only and lower-level charges are heard by a judge alone; charges carrying two or more years can be heard in the District Court with a right to a jury; the most serious offences such as murder go to the High Court before a judge and jury.
Will I get bail?
Usually there is a presumption in favour of bail under the Bail Act 2000, often with conditions like a fixed address, a curfew or non-association conditions. But for some serious or repeat offending the presumption reverses and you must show why bail should be granted. The argument at your first appearance can be decisive, so understanding it early matters.
What are the offence categories in New Zealand?
The Criminal Procedure Act 2011 sorts charges into four categories by seriousness. Category 1 is fine-only; category 2 carries under two years' imprisonment (both judge-alone in the District Court); category 3 carries two or more years and gives you a right to elect a jury; category 4 covers the most serious offences like murder and is heard in the High Court before a jury. Our assistant can tell you which one your charge is.
What is the drink-driving limit and what happens if I'm over it?
Under section 56 of the Land Transport Act 1998, the adult limits are 250 micrograms of alcohol per litre of breath or 50 milligrams per 100ml of blood (zero for drivers under 20). Readings between the limit and 400mcg breath / 80mg blood draw an infringement; over those higher figures you are prosecuted in court, and a third offence can mean up to two years' jail and/or a $6,000 fine plus disqualification.
How does the reinstated three strikes law affect me?
The Sentencing (Reinstating Three Strikes) Amendment Act 2024 brought the regime back from 17 June 2025 for a list of serious violent and sexual offences. A first qualifying conviction is a warning, a second means a sentence without parole, and a third means the maximum penalty for that offence without parole, subject to a "manifestly unjust" exception. If you have any prior qualifying history, get the strike question checked at the very start.
Can I avoid a conviction even if I plead guilty?
Sometimes. Under the Sentencing Act 2002 a court can grant a discharge without conviction where the consequences of a conviction would be out of all proportion to the gravity of the offending. It is not automatic and depends heavily on your circumstances, so it needs to be argued properly — our assistant can explain whether it might apply to your situation.
My teenager was charged — what happens in the Youth Court?
Most defendants aged 12 to 17 are dealt with in the Youth Court, which sits fortnightly at Napier. It is a closed court with no jury, focused on accountability and rehabilitation, and family group conferences play a central role. Very serious charges can be transferred to the adult courts. Call on our free assistant to understand what to expect for your child.
Does this hotline give legal advice or find me a lawyer?
We give clear general legal information — not legal advice — and using it creates no lawyer-client relationship. Legal Hotline is not a law firm. It can explain your rights, the court process and where the free local help is, and soon it will also help connect you with a Hawke's Bay criminal lawyer if you want one.
Are you a New Zealand-qualified criminal lawyer practising in Napier, Hastings or across Hawke's Bay? We connect anxious, urgent callers facing charges, bail applications, drink-driving and serious indictable matters with local counsel at the moment they are ready to act. If you would like to receive matched referrals as our New Zealand service launches, register your interest to join the network.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
A criminal charge is frightening, and the questions do not wait for office hours. Whether you have just been arrested in Napier, are due at the Hastings courts, or simply need to understand what a charge means before your first appearance, you can get clear general legal information now — free, in plain English, with no income test and no web form. Our AI legal assistant is built on New Zealand law, including the Crimes Act 1961 and the Criminal Procedure Act 2011, and will help you understand your rights and your options. Call 0800 461 100 free, any hour.
Free legal information. Not legal advice.