The police have charged you, or someone you love, and the questions are coming fast. When is the court date? Is this serious enough for prison? Can I get bail? Do I have to say anything to the police? You do not have to sit in the dark guessing. Our free service explains exactly how a criminal case works in Otago — from the Dunedin District Court on the corner of Stuart and Dunbar Streets to your right to a lawyer the moment you are detained — in plain English, with no income test and no web form to fill in. New Zealand has one criminal law nationwide, but how it plays out depends on the local court, the duty lawyer roster and the help available right here in Otago.
Free legal information. Not legal advice. Available 24/7 across Otago.
Do two things now. First: you have the right to remain silent and the right to speak with a lawyer before you say anything — under the New Zealand Bill of Rights Act 1990 the police must tell you this when they detain you, and there is a free Police Detention Legal Assistance (PDLA) line that connects you to a lawyer day or night, before any interview. Use it. Second: find out your court date and what category of charge you face, because that decides almost everything — whether your case stays in the Dunedin District Court, whether you can choose a jury, and whether prison is even on the table. The most common early mistake is talking to the police "to clear it up" before getting advice. Don't.
If you are reading about likely sentences, be careful where the information comes from. Two big changes landed in mid-2025. From 29 June 2025 the Sentencing (Reform) Amendment Act capped the total discount a judge can give for personal mitigating factors (things like your background, remorse and rehabilitation) at 40%, curbed repeat discounts, and added new aggravating factors — so sentences that once attracted larger reductions may not now. And from 17 June 2025 a reinstated "three strikes" regime applies to a defined list of serious violent and sexual offences, which can drive much harsher outcomes for a second or third qualifying conviction. The early guilty-plea discount is also tightly structured now — up to 25% for an early plea, but as little as 5% if you leave it to the eve of trial. The timing of decisions in your case genuinely affects the outcome, which is exactly why getting clear, current information early matters.
If you cannot afford a lawyer, Otago has a real safety net — free duty lawyers at court, criminal legal aid, and Community Law. These are independent organisations, not Legal Hotline, but they are the right doors to know. The earlier you ask, the more they can do — apply for legal aid as soon as you are charged, not on the morning of court.
Do I have to talk to the police if they question me in Otago?
No. Under the New Zealand Bill of Rights Act 1990 you have the right to remain silent and the right to speak to a lawyer before any police interview, and the police must tell you this when they detain you. There is a free Police Detention Legal Assistance line that connects you to a lawyer at any hour. Other than giving your name and details, you generally do not have to answer questions — use your right to get advice first.
Which court will my criminal case go to in Otago?
Almost certainly the District Court of New Zealand sitting at Dunedin (Ōtepoti), on the corner of Stuart and Dunbar Streets. The most serious matters — and category 4 offences such as murder and manslaughter — go to the High Court, which also sits in Dunedin. Whether you stay in the District Court depends on the category of your charge under the Criminal Procedure Act 2011.
Can I choose to have a jury trial?
For a category 3 offence — one punishable by two years' imprisonment or more — you have the right to elect trial by jury rather than a judge alone. Category 1 and category 2 offences are heard by a judge alone in the District Court, and category 4 offences are jury trials in the High Court by default. Whether to elect a jury is an important decision best made with advice.
What is a duty lawyer and is it free?
A duty lawyer is a lawyer rostered free of charge at the courthouse to help people who do not yet have their own lawyer. At the Dunedin District Court a duty lawyer can explain your charge, speak to bail, and advise you on a plea at your first appearance. It is free and you do not need to qualify for legal aid to use it.
Will I get bail?
Under the Bail Act 2000 there is usually a presumption in favour of bail, and the prosecution must show a good reason to keep you in custody — such as a real risk you would reoffend, fail to appear, or interfere with witnesses. For some serious or repeat charges that presumption reverses and you must show why you should be released. A duty lawyer or your own lawyer can make a bail application at your first appearance.
How do I get a lawyer if I can't afford one?
You may qualify for criminal legal aid — government-funded representation — if you face a charge carrying six months' imprisonment or more, or where the interests of justice require it. Apply as soon as you are charged, not on the day of court. If you do not qualify, Community Law Otago offers free advice and some representation, and a duty lawyer can help at your first appearance.
What are the drink-driving limits in New Zealand?
For drivers aged 20 and over the adult limit is 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 dealt with under the Land Transport Act 1998 in the District Court. A reading above 400 micrograms of breath alcohol (or 80 milligrams of blood) is prosecuted, and a third or later offence can mean up to 2 years' imprisonment, a $6,000 fine and at least a year's disqualification.
I've heard sentencing law changed recently — is that right?
Yes. From 29 June 2025 the Sentencing (Reform) Amendment Act 2025 capped the total discount for personal mitigating factors at 40%, limited repeat discounts and added new aggravating factors. From 17 June 2025 a reinstated "three strikes" regime applies to a list of serious violent and sexual offences. Much online guidance written before mid-2025 is now out of date, so be careful relying on it.
Should I plead guilty to get it over with?
That is a decision to make with advice, not in a hurry. An early guilty plea can attract a discount of up to 25%, but that drops to as little as 5% if you leave it until shortly before or during trial — and you should never plead guilty to a charge you do not understand or may have a defence to. A duty lawyer or your own lawyer can explain your options before you enter any plea.
What happens if I miss my court date?
Missing a court appearance is serious — the court can issue a warrant for your arrest, and failing to appear is itself an offence that can add to your problems. If you cannot attend or have lost track of your date, contact the Dunedin court or a lawyer straight away rather than simply not turning up.
Does this service give legal advice or act as my lawyer?
No. We provide clear, general legal information to help you understand the system and your options — not legal advice — and using it does not create a lawyer–client relationship. Legal Hotline is not a law firm. If you need advice on your specific case we can point you to criminal legal aid, Community Law Otago, the duty lawyer scheme, or help you find a criminal lawyer in Otago.
Are you a criminal lawyer practising in Otago? We connect worried people across Dunedin, Oamaru, Balclutha, Queenstown, Wanaka and Central Otago with local lawyers at the moment they are ready to get help — for first appearances, bail, defended hearings, sentencing and traffic matters. If you would like to receive matched enquiries from people in your region, register your interest to join our 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 is frightening and the system can feel impossible to read — but it does not have to. Whether the police have just spoken to you, your first appearance at the Dunedin District Court is days away, or you simply need to understand whether prison is realistically on the table, you can get clear, plain-English information about how it all works — free, with no income test and no web form. Call our free New Zealand criminal-law service on 0800 461 100, any hour. This page is general legal information to help you understand your rights and the options open to you.
Free legal information. Not legal advice.