Someone you love has been arrested in Richmond, Motueka or Tākaka, or you have — and the questions come fast. When is the first court date? Can the police hold you? Is this serious enough for prison? Will you get bail? You do not have to guess in the dark. New Zealand has one national criminal law that applies the same in Tasman as anywhere else, but your case will run through the Nelson District Court — and there are real rights you can use from the very first minute. This page explains, in plain English, exactly how a Tasman criminal charge works and where to get free help. It is general legal information, not legal advice.
Free legal information. Not legal advice. Available 24/7 across Tasman.
Do two things straight away. First, use your right to silence and your right to a lawyer. Under section 23 of the New Zealand Bill of Rights Act 1990, anyone arrested or detained must be told they can consult and instruct a lawyer without delay, and that they can refrain from making any statement — so say nothing beyond your name and ask to speak to a lawyer. Second, understand the clock: if you are not released, the police must bring you before a court promptly. For most people in the Tasman region that first appearance is at the Nelson District Court at 200 Bridge Street, where a free duty lawyer can help you on the day. The single most damaging mistake is talking to police "to clear things up" before you have advice.
Many older guides you will find online were written while New Zealand had no three-strikes law — it was repealed in 2022. That changed on 17 June 2025, when the Sentencing (Reinstating Three Strikes) Amendment Act 2024 came into force. For around 40 serious violent and sexual offences, a sentence of 12 months or more now records a "strike," a second strike strips most parole on the listed offences, and a third requires the maximum penalty unless that would be manifestly unjust. Warnings issued under the old 2010 regime can be revived and count. If you or a family member is facing a serious violent or sexual charge in the Tasman region, the strike question needs to be understood from the start — not at sentencing. Getting clear information early is the difference between being blindsided and being prepared.
If you cannot afford a private lawyer, the Tasman region has a real safety net — a free duty lawyer at court, criminal legal aid, and the local community law centre. These are independent organisations, not Legal Hotline, but they are the right doors to know.
Which court will my Tasman criminal case go to?
Almost certainly the Nelson | Whakatū District Court at 200 Bridge Street, Nelson, which serves the Tasman region including Richmond, Motueka and Golden Bay — there is no separate Richmond criminal court. Only the most serious offences (category 4, such as murder) move to the High Court at Nelson. Knowing the court and your offence category helps you understand who decides your case.
Do I have to answer police questions if I'm arrested in Tasman?
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 and instruct a lawyer without delay, and the police must tell you these rights. Beyond identifying yourself, you can stay silent until you have legal advice — this applies the same in Tasman as everywhere in New Zealand.
How serious is my charge — what are the offence categories?
The Criminal Procedure Act 2011 sorts every offence into four categories: category 1 (fine or community sentence only), category 2 (up to 2 years, judge-alone), category 3 (2 years or more, with a right to elect a jury above the threshold), and category 4 (the most serious, heard in the High Court with a jury). Your category tells you who hears the case and whether a jury is available.
What is the reinstated three-strikes law and could it affect me?
The Sentencing (Reinstating Three Strikes) Amendment Act 2024 came into force on 17 June 2025. For about 40 serious violent and sexual offences, a sentence of 12 months or more records a "strike," a second strike removes most parole on the listed offences, and a third requires the maximum term unless that would be manifestly unjust. Warnings from the old 2010 regime can count. If you face a serious charge, the strike question needs to be understood from the start.
Can I get bail while my Tasman case is going through court?
Often, yes. Many people are released on bail with conditions while their case proceeds, but bail can be opposed or refused for more serious charges or where there is a flight or safety risk. Bail is usually argued at your first appearance at the Nelson District Court, which is why getting advice — or using the free duty lawyer — before that hearing matters.
Will I get a free lawyer if I can't afford one?
You may. A free duty lawyer is available at the Nelson District Court on your first appearance day, and criminal legal aid covers many people on modest incomes — you automatically qualify on the financial test if the maximum penalty for your charge is six months' imprisonment or more. Section 24 of the Bill of Rights Act guarantees legal assistance without cost where the interests of justice require it and you cannot pay.
What happens to my teenager who was arrested in Tasman?
Most charges against young people aged 12 to 17 are dealt with in the Youth Court (sitting at Nelson), under the Oranga Tamariki Act 1989. It is a closed court that focuses on accountability and rehabilitation, often through a family group conference rather than a conviction. The most serious charges can still be transferred to the District or High Court. Getting advice early is especially important for a young person.
What's the penalty for drink-driving in the Tasman region?
Drink-driving (excess breath or blood alcohol) is dealt with 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 100 millilitres of blood, with a zero limit for drivers under 20. For a first offence the maximum is 3 months' imprisonment or a fine up to $4,500, plus mandatory disqualification of 6 months or more — heard at the Nelson District Court.
Can my criminal record ever be cleared in New Zealand?
Sometimes. Under the Criminal Records (Clean Slate) Act 2004, eligible people automatically have their record concealed after 7 conviction-free years, provided they were never sentenced to imprisonment and meet the other conditions. Serious offences are excluded. A discharge without conviction at sentencing (s 106, Sentencing Act 2002) can also avoid a conviction being recorded in the first place.
Is this hotline giving legal advice or finding me a lawyer?
Neither — this is general legal information, not legal advice, and it creates no lawyer-client relationship. Legal Hotline is not a law firm. The aim is to help you understand your rights and the Tasman court process in plain English, and to point you to the free duty lawyer, legal aid, the Nelson Bays Community Law Service, or a New Zealand-qualified criminal lawyer if you want one.
Are you a New Zealand-qualified criminal lawyer practising in Nelson, Richmond, Motueka or the wider Tasman region? We connect worried, urgent people across the top of the South Island with local counsel at the moment they are ready to act. If you would like to receive matched enquiries for bail, summary, indictable, youth and drink-driving matters at the Nelson District Court, register your interest to join our network and we will route enquiries 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 in Tasman is frightening, but you do not have to face the first decisions alone or in the dark. Whether the first appearance at the Nelson District Court is days away, you are unsure whether to talk to police, or you just need to understand how serious the charge is, clear answers are available — free, in plain English. Call 0800 461 100 any hour for free legal information about your criminal charge in the Tasman region. The free duty lawyer at the Nelson District Court and the Nelson Bays Community Law Service are also the right first doors. This page is general legal information, not legal advice.
Free legal information. Not legal advice.