A knock at the door in Blenheim, a charge sheet, a first appearance date at the Blenheim District Court — and a head full of urgent questions. Is this serious enough for a jury? Can they really hold me? What happens at my first court date? Do I have to talk to the police? You do not have to guess your way through it. New Zealand has one criminal law that applies the same everywhere, and you have clear rights from the moment police speak to you. This page explains, in plain English, how a criminal case works in Marlborough — your right to silence, your right to a free lawyer, what the Blenheim court does, and where to get free help locally.
Free legal information. Not legal advice. Available 24/7 across Marlborough.
Do two things straight away. First: you have the right to remain silent and the right to talk to a lawyer without delay — section 23 of the New Zealand Bill of Rights Act 1990 says the police must tell you this, and your refusal to answer questions cannot be used as evidence of guilt. You do not have to explain yourself to "sort it out" — say you want a lawyer, and stop there. Second: if you have been detained or arrested, ask the police to call a Police Detention Legal Assistance (PDLA) lawyer — that advice is free, available day or night, and the police hold a roster of experienced criminal lawyers on call. Getting that advice before you make a statement is the single most important step you can take.
A lot of online guidance about New Zealand sentencing is now out of date. Two changes took effect in mid-2025. From 29 June 2025, the Sentencing (Reform) Amendment Act 2025 caps the total discount a judge can give for personal mitigating factors (things like a guilty plea, remorse, youth or background) at 40% — unless that would be manifestly unjust — and limits repeat discounts for youth and remorse. And from 17 June 2025, the Sentencing (Reinstating Three Strikes) Amendment Act 2024 brought back the "three strikes" regime that had been repealed in 2022, which can mean harsher mandatory outcomes for repeat serious violent and sexual offending. The practical point: how you handle the very early stages — the plea decision, the advice you get, the way mitigating factors are presented — now carries even more weight than it did a year ago. Get proper advice before you make decisions you cannot undo.
If you cannot afford a lawyer, Marlborough has real free and low-cost help, and the court itself provides a duty lawyer. These are independent services, not Legal Hotline — but they are the right local doors to know.
Do I have to answer police questions in New Zealand?
No. Under section 23 of the New Zealand Bill of Rights Act 1990 you have the right to remain silent, the police must tell you so, and your refusal to answer cannot be used as evidence of guilt. Beyond giving your name and details where required, you do not have to explain yourself — say you want to speak to a lawyer first. Get free advice before you make any statement.
Which court will my Marlborough criminal case be heard in?
Adult criminal charges in Marlborough are dealt with at the Blenheim District Court (Te Waiharakeke), 58 Alfred Street, Blenheim. The most serious (category 4) matters, such as murder and manslaughter, start there but are transferred to the High Court; charges against under-18s go to the Youth Court.
Can I get a free lawyer if I am arrested?
Yes. If you are detained or arrested you can ask the police to call a Police Detention Legal Assistance (PDLA) lawyer — free advice available day or night. At court, a duty lawyer can help you free on your first appearance day, and you may qualify for criminal legal aid for the case itself.
Will I get a jury trial?
It depends on the charge. The right to elect trial by a jury of 12 applies where the offence carries a maximum penalty of 2 years' imprisonment or more (a category 3 offence) — set out in section 24 of the Bill of Rights Act and the Criminal Procedure Act 2011. Lower-level offences are decided by a judge alone.
Will I be kept in custody until my case is over?
Usually not. Under the Bail Act 2000 the starting point is that you are entitled to bail while your case proceeds. The court can remand you in custody or impose bail conditions if the prosecution shows a real risk — such as failing to appear, interfering with witnesses, or further offending. Bail is argued at your first appearance.
Could I avoid a conviction altogether?
Sometimes. The police may offer diversion for some first-time or lower-level offending, and a court can grant a discharge without conviction under section 106 of the Sentencing Act 2002 where a conviction would be out of all proportion to the offending. These outcomes are not automatic — they have to be raised and argued.
How did the 2025 sentencing changes affect me?
Two changes landed in mid-2025. From 29 June 2025 the total discount for personal mitigating factors is capped at 40% in most cases (Sentencing (Reform) Amendment Act 2025). From 17 June 2025 the "three strikes" regime was reinstated, which can mean harsher mandatory outcomes for repeat serious violent and sexual offending. Early advice now matters even more.
What is the difference between the Crimes Act and the Summary Offences Act?
The Crimes Act 1961 covers the serious offences — assault, theft, burglary, drugs, sexual and violent offending. The Summary Offences Act 1981 covers lower-level matters such as disorderly behaviour, minor assault and wilful damage. Which Act you are charged under shapes the maximum penalty and how the case runs.
I was charged with drink-driving in Marlborough — what are the limits?
Drink-driving is dealt with under the Land Transport Act 1998. For adult drivers the limits are 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100 millilitres of blood; for drivers under 20 the limit is zero. Charges are heard at the Blenheim District Court, and penalties can include fines, disqualification and, for higher readings or repeat offending, imprisonment.
Does this hotline give legal advice or get me a lawyer?
We give clear legal information — not legal advice — and using this service creates no lawyer-client relationship. Legal Hotline is not a law firm. If you want a lawyer, we can help you arrange a consultation with a New Zealand-qualified criminal lawyer who works in the Marlborough region.
Are you a New Zealand-qualified criminal lawyer practising in Blenheim, Picton, Kaikōura or the wider Marlborough region? We connect anxious, urgent callers facing charges with local counsel at the moment they are ready to act. If you would like to receive matched client enquiries for first appearances, bail, defended hearings, jury trials and sentencing, join our lawyer network and we will route consultations your way.
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 does not wait for business hours, and the decisions you make early — whether to talk to police, how to plead, whether to seek a lawyer — shape everything that follows. Get clear, plain-English information about your rights, the Blenheim District Court process and your options under New Zealand law, with no income test and no web form. It is free legal information to help you act with your eyes open. Call the free Legal Hotline on 0800 461 100, any hour.
Free legal information. Not legal advice.