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.
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 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.
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.
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.
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.
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.