Maybe the police have been in touch, maybe you've already been arrested, or maybe a court summons has just landed and the questions are piling up. Which court will it be? Is this serious enough for jail? Do I have to answer the police? Can I get a lawyer paid for? You don't have to guess your way through it. New Zealand has one national criminal law, but your case will be handled right here — almost certainly at the Wellington District Court (Te Whanganui-a-Tara) on Ballance Street. This page explains, in plain English, how a criminal charge actually works in Wellington and the free help available to you.
Free legal information. Not legal advice. Available 24/7 across Wellington.
Do two things straight away. First: use your right to silence. Under section 23 of the New Zealand Bill of Rights Act 1990, anyone who is arrested or detained has the right to refrain from making any statement and the right to consult and instruct a lawyer without delay — you only have to give your name, address and date of birth. Anything else can wait until you've spoken to a lawyer. Second: if you've been arrested or are being questioned, call the free Police Detention Legal Assistance line on 0800 102 040 — it's available 24/7, it's free, and the lawyer will usually advise you over the phone before you say anything to police.
The most damaging mistakes happen in the first hour, before anyone has had legal advice. Under section 23 of the New Zealand Bill of Rights Act 1990 you have the right to consult a lawyer without delay and the right to stay silent — and New Zealand has a free phone service built exactly for that moment. The Police Detention Legal Assistance scheme puts a duty criminal lawyer on the line, 24 hours a day, free of charge, on 0800 102 040. Whether the questioning is happening now or your first court date is coming up, getting clear information before you act is the single most important thing you can do. This page explains how it works in Wellington so you're not facing it cold.
If you can't afford a private lawyer, New Zealand has a genuine safety net — and several services in and around Wellington are free. These are independent organisations, not Legal Hotline, but they're the right doors to know.
Which court will my Wellington criminal case be heard in?
Almost all criminal cases in the region start at the Wellington District Court (Te Whanganui-a-Tara District Court) at 43–49 Ballance Street — that covers first appearances, bail, sentencing and judge-alone trials. The most serious charges (category 4) and jury trials move up to the High Court at Wellington.
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 refrain from making any statement and the right to consult a lawyer without delay. You only have to give your name, address and date of birth. Use the free PDLA lawyer line on 0800 102 040 before you say anything else.
What are the four offence categories under New Zealand law?
Under the Criminal Procedure Act 2011: category 1 is fine-only or community-sentence offending; category 2 carries under 2 years' imprisonment (judge alone, no jury); category 3 carries 2 years or more, up to life, where you can elect a jury trial; and category 4 covers the most serious crimes such as murder and manslaughter, heard in the High Court by a judge and jury.
Can I get a free lawyer for a criminal charge in Wellington?
Often, yes. At your first court appearance you can ask to see the duty lawyer, who is free. Beyond that, criminal legal aid is generally available if you can't afford a lawyer and face a charge that could mean 6 months' imprisonment or more — apply as soon as you're charged rather than waiting for your court date.
What are the drink-driving limits in New Zealand?
Under section 56 of the Land Transport Act 1998 the adult limits are 250 micrograms of alcohol per litre of breath and 50 milligrams of alcohol per 100 millilitres of blood. For drivers under 20 the limit is zero. Lower readings are infringements; higher readings and repeat offending are criminal charges heard in the District Court that can carry imprisonment and disqualification.
Should I plead guilty at my first court appearance?
Not without advice. A guilty plea is hard to reverse once entered, and it affects your sentence and your record. The duty lawyer at the Wellington District Court can advise you for free before you enter any plea — it's almost always worth speaking to them first.
What's the difference between the Crimes Act and the Summary Offences Act?
The Crimes Act 1961 covers the more serious offences — assault causing injury, burglary, dishonesty, sexual offending and homicide. The Summary Offences Act 1981 covers lower-level offending like disorderly behaviour, common assault, wilful damage and obstructing police. Which Act you're charged under is a strong signal of how serious your case is.
What happens if my teenager is charged with an offence?
Most young people aged 12–17 are dealt with in the Youth Court rather than the adult court, which focuses on accountability and rehabilitation, with a youth advocate appointed. Some very serious charges can still go to the District or High Court. Get advice early to understand which path applies.
Can I avoid a conviction on my record?
Sometimes. For first-time or lower-level offending, Police adult diversion or a discharge without conviction under section 106 of the Sentencing Act 2002 can mean no recorded conviction — but these have to be raised and argued. A lawyer or the duty lawyer can tell you whether either might apply to your case.
What should I do right now if I've just been arrested in Wellington?
Stay calm, give only your name, address and date of birth, and say you want to speak to a lawyer. Then call the free Police Detention Legal Assistance line on 0800 102 040 — available 24/7 — and get advice before you make any statement. Don't try to talk your way out of it.
Does this hotline give legal advice or find me a lawyer?
We give clear legal information — not legal advice — and using it creates no lawyer–client relationship. Legal Hotline is not a law firm. If you want a lawyer, we can help connect you with a New Zealand-licensed criminal lawyer for advice or representation, but the free options on this page are a good first step.
Are you a New Zealand-licensed criminal lawyer practising in Wellington, the Hutt Valley, Porirua or Kāpiti? We connect worried, urgent callers with vetted local counsel at the moment they're ready to act — for first appearances, bail, defended hearings, drink-driving, youth and sentencing matters. If you'd like to receive matched client enquiries, join our network and we'll route them 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 doesn't wait for office hours, and the first decisions you make matter most. Whether you've just been arrested, you're being questioned, or a summons has arrived, you can understand your rights, your court and your options in plain English — and the free Police Detention Legal Assistance lawyer line (0800 102 040) is there 24/7 the moment you need it. This is free legal information about how criminal law works in Wellington, New Zealand, to help you take the right next step.
Free legal information. Not legal advice.