Charged with a Criminal Offence in Nelson? Know Your Rights First.
A knock at the door, a night in the cells, a charge sheet you don't understand — when police get involved in Nelson, the questions come fast and the stakes feel enormous. What can they ask you? Do you have to answer? When do you go to court, and is this serious enough for prison? You do not have to work it out alone. New Zealand criminal law is the same the length of the country, but how it plays out for you depends on the charge and on the local court — the Nelson | Whakatū District Court. Get clear information in plain English about your rights, the process and your options before your first appearance.
Free legal information. Not legal advice. Available 24/7 across Nelson.
Criminal Law in Nelson — what to do right now
Do two things straight away. First: stay silent. Under section 23 of the New Zealand Bill of Rights Act 1990 everyone who is arrested or detained has the right to refrain from making a statement and to consult a lawyer without delay — you only have to give your name, address and date of birth. Second: phone a free lawyer. If police have arrested or are holding you, the Police Detention Legal Assistance (PDLA) scheme gives you a free lawyer over the phone, 24/7, on 0800 102 040, whether or not you can afford one. Say nothing about the alleged offence until you have spoken to that lawyer in private — what you say in the first hours is exactly what gets used in court.
The law in Nelson: Criminal Law
Criminal law in New Zealand is national — there are no states or provinces, and the same Acts apply in Nelson as in Auckland or Invercargill. The two pillars are the Crimes Act 1961, which sets out the serious offences (assault, burglary, theft, drugs, sexual and violent offending), and the Summary Offences Act 1981, which covers less serious matters like disorderly behaviour, minor assaults and wilful damage. How your case is run is governed by the Criminal Procedure Act 2011. What localises your case is the court: in Nelson, charges are filed and heard at the Nelson | Whakatū District Court. Note an important local development — the Nelson courthouse building at 200 Bridge Street was vacated on 23 February 2025 for seismic strengthening, so sittings have been relocated; always check the current venue with the Ministry of Justice on 0800 COURTS (0800 268 787) or at justice.govt.nz before any hearing.The single most important question is which of the four offence categories your charge falls into, because that decides where it is heard and whether you can have a jury. Under section 6 of the Criminal Procedure Act 2011: Category 1 offences are punishable only by a fine or community-based sentence (heard in the District Court, often before Justices of the Peace or a Community Magistrate); Category 2 offences carry a maximum of less than two years' imprisonment (judge-alone trial, usually in the District Court); Category 3 offences carry two years or more, and here you have the right to elect trial by jury; and Category 4 offences — the most serious, such as murder, manslaughter and certain other Schedule 1 offences — are heard in the High Court before a judge and jury. The Nelson | Whakatū High Court hears the most serious local matters.
Most criminal cases begin with a first appearance in the District Court, where you enter a plea or seek an adjournment, and where bail is decided. You do not need to face that first appearance without a lawyer: the Duty Lawyer service at the District Court is free and helps people who turn up without their own lawyer. Drink-driving is one of the most common Nelson charges and runs under the Land Transport Act 1998: under section 56 the adult breath-alcohol limit is 250 micrograms per litre of breath and the blood-alcohol limit is 50 milligrams per 100 millilitres of blood (a level over 250 but not over 400 micrograms is an infringement; over 400 is a criminal charge), with a zero limit for drivers under 20.
This page is general legal information to help you understand the system and act sensibly — it is not legal advice, it does not create a lawyer-client relationship, and it cannot replace advice from a lawyer who knows the facts of your case. New Zealand English: "drink-driving", "lawyers", not "DUI" or "attorneys".
Key Statutes
- Crimes Act 1961 — the serious indictable offences (assault, burglary, theft, drugs, sexual and violent offending)
- Summary Offences Act 1981 — less serious offences such as disorderly behaviour, minor assault and wilful damage
- Criminal Procedure Act 2011, s6 — the four offence categories that decide court level and jury rights
- New Zealand Bill of Rights Act 1990, s23 — right to silence and to consult a lawyer without delay on arrest/detention
- Land Transport Act 1998, s56 — excess breath/blood alcohol: 250mcg/litre breath, 50mg/100ml blood (zero under 20)
Courts & Services
- Nelson | Whakatū District Court — first appearances, pleas, bail and most criminal trials (200 Bridge Street; relocated since Feb 2025 seismic works)
- Nelson | Whakatū High Court — the most serious (Category 4) offences, heard by judge and jury
- Duty Lawyer service — free help at the District Court for people without their own lawyer at first appearance
- Police Detention Legal Assistance (PDLA) — free lawyer 24/7 for anyone arrested or detained, 0800 102 040
- Nelson Bays Community Law Service — free legal help for Nelson, Tasman and Buller; 0800 246 146
Penalties & Process
- Category 1 — fine or community-based sentence only (no imprisonment)
- Category 2 — maximum less than 2 years' prison; judge-alone trial
- Category 3 — maximum 2 years or more; you may elect trial by jury
- Category 4 — most serious (murder, manslaughter etc.); High Court, judge and jury
- Criminal legal aid — available where the charge can be punished by 6 months' prison or more (means-tested)
Before your first appearance in Nelson — silence and a free lawyer cost you nothing
The most common, and most damaging, mistake is talking to police "to sort it out" before getting advice. You do not have to. Section 23 of the New Zealand Bill of Rights Act 1990 gives you the right to stay silent and to speak to a lawyer without delay, and the Evidence Act 2006 means the court cannot infer guilt from your silence. If you have been arrested or detained, the Police Detention Legal Assistance scheme will connect you to a free lawyer over the phone, day or night, on 0800 102 040 — available to everyone regardless of income. And when your case reaches the Nelson | Whakatū District Court, the free Duty Lawyer can help you at your first appearance. Use these before you say anything about the alleged offence.
Likely outcomes & penalties
Every case turns on the charge, your history and the evidence — but here is the realistic range of where Nelson criminal matters land, so the process is less of a mystery.Mistakes to avoid
How it works
Free & low-cost Criminal Law help in Nelson
If you can't afford a private lawyer, New Zealand has a genuine safety net of free and low-cost help. These are independent organisations, not Legal Hotline — but they are the right doors to know in Nelson and nationally.
FAQ — Criminal Law in Nelson
Do I have to answer police questions in Nelson?
No. Under section 23 of the New Zealand Bill of Rights Act 1990 you have the right to refrain from making any statement, and the right to consult a lawyer without delay. You generally only have to give your name, address and date of birth. The court cannot infer guilt from your silence. If you're arrested or detained, call the free PDLA lawyer on 0800 102 040 before saying anything about the alleged offence.
Can I get a free lawyer if I'm arrested in Nelson?
Yes. The Police Detention Legal Assistance (PDLA) scheme gives anyone who is arrested or detained a free lawyer over the phone, 24 hours a day, on 0800 102 040 — available to everyone whether or not they can afford one, with no minimum age. You have the right to speak to that lawyer in private.
Where will my criminal case be heard in Nelson?
Most charges are heard at the Nelson | Whakatū District Court, with the most serious (Category 4) offences going to the Nelson | Whakatū High Court. Note that the Nelson courthouse at 200 Bridge Street was vacated in February 2025 for seismic strengthening, so sittings have been relocated — always confirm the current venue on 0800 COURTS (0800 268 787) or at justice.govt.nz before your hearing.
What are the four offence categories?
Under section 6 of the Criminal Procedure Act 2011: Category 1 is punishable only by a fine or community sentence; Category 2 carries a maximum of less than 2 years' prison (judge-alone trial); Category 3 carries 2 years or more and lets you elect a jury trial; and Category 4 covers the most serious offences (such as murder and manslaughter), heard in the High Court before a judge and jury. The category decides where your case is heard and whether you can have a jury.
What is the drink-driving limit in Nelson?
It's the national limit under section 56 of the Land Transport Act 1998: for drivers 20 and over, 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100 millilitres of blood. A breath level over 250 but not over 400 is an infringement; over 400 is a criminal charge heard in the District Court. Drivers under 20 have a zero limit.
What happens at my first appearance in court?
At the first appearance in the Nelson District Court you'll usually enter a plea (or seek an adjournment to get advice), and bail is decided. You don't have to face it alone — the free Duty Lawyer at the court helps people who arrive without their own lawyer. It's almost always wise to get advice before entering a plea, because a guilty plea is hard to undo.
Can I get legal aid for a criminal charge?
Generally yes if the charge can be punished by 6 months' imprisonment or more, subject to a means test on your income and assets. For charges with a maximum over 10 years you can usually choose your own legal-aid-approved lawyer; at 10 years or less you're typically assigned one. You can apply once charged, or get help from the Duty Lawyer or a Community Law Centre.
Will a conviction stay on my record forever?
Not necessarily. Under the Criminal Records (Clean Slate) Act 2004, eligible people are automatically given a concealed record if they have no convictions in the last 7 years and meet the other criteria — but serious offences, and anyone who has been sentenced to prison, are excluded. A discharge without conviction (Sentencing Act 2002, s106) avoids a conviction altogether where conviction would be disproportionate.
What's the difference between the Crimes Act and the Summary Offences Act?
The Crimes Act 1961 contains the more serious offences — assault, burglary, theft, drug, sexual and violent offending — while the Summary Offences Act 1981 covers less serious matters such as disorderly behaviour, minor assault and wilful damage. Which Act you're charged under, and the offence category, together shape how serious your case is and how it's run.
Does this hotline give legal advice or get me a lawyer?
No — this service gives clear legal information, not legal advice, and it creates no lawyer-client relationship. Legal Hotline is not a law firm. But you can get free advice from the PDLA scheme (0800 102 040) if you're in custody, the free Duty Lawyer at court, and Nelson Bays Community Law; and you can find your own lawyer through the New Zealand Law Society or apply for criminal legal aid.
Nelson criminal lawyers: join our network
Are you a New Zealand-licensed criminal lawyer practising in Nelson, Tasman or the wider Te Tau Ihu / top of the South Island? We help worried people understand their rights at the moment they most need a lawyer — at arrest, before a first appearance, and ahead of trial. If you'd like to receive matched referrals for bail, drink-driving, assault, drugs and other criminal matters, register your interest and we'll route enquiries your way as our New Zealand service launches.
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.
Sources & further reading
- Crimes Act 1961 — New Zealand Legislation
- Criminal Procedure Act 2011, s6 — Categories of offence defined
- New Zealand Bill of Rights Act 1990, s23 — Rights of persons arrested or detained
- Land Transport Act 1998, s56 — Excess breath or blood alcohol
- Nelson | Whakatū District Court — Ministry of Justice
- Police Detention Legal Assistance (PDLA) — Ministry of Justice
- Nelson Bays Community Law Service
Understand your rights before you say a word.
A criminal charge is frightening, but the worst thing you can do is talk to police before you understand your position. You have the right to stay silent, the right to a free lawyer the moment you're arrested, and the right to free help at the Nelson | Whakatū District Court. Get clear, plain-English information about New Zealand criminal law and what happens next in Nelson — so you can make good decisions before your first appearance. This is free legal information, not legal advice, and it creates no lawyer-client relationship.
Free legal information. Not legal advice.