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Charged With a Crime on the West Coast? Know Your Rights Before Your First Court Date.

A summons to the Greymouth District Court, a police bail notice, or a relative held overnight — and suddenly you need to understand a system nobody explains to you. Is this serious enough for jail? Do you get a free lawyer? What happens at the first hearing? You do not have to guess. This page sets out, in plain English, how criminal charges work in New Zealand and what that means specifically for people on the West Coast — from Greymouth and Westport to Hokitika and Reefton. New Zealand has one national criminal law, so the rules are the same everywhere; what changes is where your case is heard and who can help you locally.

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Criminal Law in West Coast — what to do right now

Two things matter from the moment police are involved. First, your rights: under section 23 of the New Zealand Bill of Rights Act 1990, if you are arrested or detained you have the right to stay silent and the right to consult a lawyer without delay — and the police must tell you both. You can phone a lawyer for free, any hour, through the Police Detention Legal Assistance (PDLA) scheme on 0800 102 040. Second, the timeline: if you are charged you will be given a first court date at the Greymouth (Māwhera) District Court at 60 Guinness Street, and a free duty lawyer is available there on the day to help you understand the charge and your plea. Do not make a statement or enter a plea before you have had legal advice.


The law in West Coast: Criminal Law

New Zealand has a single national legal system. There is no state, provincial or federal criminal law — the Crimes Act 1961 and the Summary Offences Act 1981 apply identically in Greymouth, Auckland and everywhere in between. What is "local" about a West Coast case is the courthouse and the people who help you, not the law itself. For nearly every adult criminal matter on the Coast, that courthouse is the Greymouth (Māwhera) District Court at 60 Guinness Street, Greymouth, which also sits as the High Court for the region when a serious case requires it. Westport, Hokitika and Reefton matters are generally administered through Greymouth as the West Coast's main court centre.

How your case is handled depends on its "category" under the Criminal Procedure Act 2011. A category 1 offence (punishable by fine or a community-based sentence only) is dealt with by a judge in the District Court. A category 2 offence (up to two years' imprisonment) is a judge-alone District Court trial. A category 3 offence (punishable by two years' imprisonment or more) carries the right to elect trial by jury — the jury threshold in New Zealand is two or more years. Category 4 offences — the most serious, such as murder and manslaughter, listed in Schedule 1 of the Act — are heard in the High Court before a judge and jury. Knowing your category tells you whether jail is even on the table and whether you can choose a jury.

The most common criminal charge on any New Zealand road is drink-driving, prosecuted under section 56 of the Land Transport Act 1998. The adult limits are 250 micrograms of alcohol per litre of breath and 50 milligrams per 100 millilitres of blood; for drivers under 20 the limit is zero. A reading between 250 and 400 micrograms (breath) or 50 to 80 milligrams (blood) is an infringement dealt with by a roadside fine and demerit points, while readings above those thresholds are criminal charges heard in the District Court — and a third or subsequent conviction carries a maximum of two years' imprisonment or a $6,000 fine and at least a one-year disqualification.

Whether you get a lawyer paid for matters enormously. If you are charged with an offence carrying a maximum penalty of six months' imprisonment or more and cannot afford a lawyer, you automatically qualify for criminal legal aid (subject to a means test). For less serious charges, you may still get aid if jail is a real risk, if you have a record, or if the case is legally complex. Everything on this page is general legal information to help you act — it is not legal advice, and reading it creates no lawyer-client relationship.

Key Statutes

  • Crimes Act 1961 — the main code of serious criminal offences (assault, dishonesty, sexual and violent offences) heard in the District or High Court
  • Summary Offences Act 1981 — lower-level offences such as disorderly behaviour, minor assaults and wilful damage
  • Criminal Procedure Act 2011 — sets the four offence categories, the two-year jury-trial threshold and how a case moves through court
  • Land Transport Act 1998, s56 — drink-driving: 250mcg breath / 50mg blood (zero under 20); above 400mcg / 80mg is a criminal charge
  • New Zealand Bill of Rights Act 1990, s23 — right to silence and the right to consult a lawyer without delay on arrest or detention

Courts & Agencies

  • Greymouth (Māwhera) District Court, 60 Guinness Street — every West Coast adult criminal charge, bail, plea and sentencing
  • High Court at Greymouth — sits for the most serious (category 3 jury and category 4) West Coast cases
  • Greymouth (Māwhera) Youth Court — defendants under 18; closed court, sits monthly, a judge decides
  • New Zealand Police — the charging authority that lays the charge and opposes or sets police bail
  • Public Defence Service / legal-aid lawyers — appointed defence for people who qualify for criminal legal aid

Penalties & Deadlines

  • Category 1 — fine or community-based sentence only; no imprisonment
  • Category 2 — up to 2 years' imprisonment; judge-alone trial in the District Court
  • Category 3 — 2 years or more; right to elect trial by jury
  • Drink-driving (3rd offence) — up to 2 years' jail or a $6,000 fine and 1+ year disqualification
  • Legal aid — automatic eligibility (means-tested) when the maximum penalty is 6 months' imprisonment or more

Your free lawyer call is 0800 102 040 — and the right time to use it is now

The single biggest mistake people make is talking to police before getting advice. Under section 23 of the New Zealand Bill of Rights Act 1990 you have the right to stay silent and to consult a lawyer without delay — and you do not have to pay for that first call. The Police Detention Legal Assistance scheme puts a lawyer on the phone for free, 24 hours a day, on 0800 102 040, with no minimum age and no income test for that initial advice. Whether you are in a Greymouth cell, pulled over near Hokitika, or just received a charging document in the post, get legal advice before you make any statement or decide on a plea. What you say in the first hours is exactly what ends up in evidence.


Likely outcomes & penalties

Every case turns on the charge, the facts and your history — but here is the realistic range of where New Zealand criminal matters land, so the outcomes stop being a mystery.
Diversion or discharge
For lower-level, often first-time offending, Police Adult Diversion can keep a conviction off your record if you complete agreed conditions; a court can also grant a discharge without conviction under section 106 of the Sentencing Act 2002.
Community-based sentence
Many District Court matters resolve with a fine, community work, supervision or intensive supervision rather than prison — especially category 1 and 2 offences with no aggravating history.
Imprisonment for serious offences
Category 3 and 4 offences (two years' imprisonment or more) can carry real jail terms, with the most serious — murder, manslaughter and major violent or sexual offences — heard before a judge and jury in the High Court.
Driving disqualification
Drink-driving and serious traffic offences commonly carry a mandatory minimum disqualification on top of any fine or jail — a third drink-driving conviction means at least a year off the road.

Mistakes to avoid

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Talking to police "to sort it out" before getting advice — section 23 of the Bill of Rights gives you the right to stay silent and to a free lawyer first, and statements made early are what get used against you.
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Pleading guilty at the first hearing just to "get it over with" — a duty lawyer at the Greymouth court is free and can tell you on the day whether the charge is even made out before you commit to a plea.
⚠️
Assuming you cannot afford representation — if your charge carries six months' imprisonment or more you may automatically qualify for criminal legal aid, and PDLA advice on arrest is always free.
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Not checking your offence category — whether you can elect a jury, and whether jail is possible at all, depends on the Criminal Procedure Act category, not on how the charge "sounds".
⚠️
Missing a court date or a bail condition — failing to appear or breaching bail is a fresh offence that can see bail refused and a warrant issued, making your position far worse.

How it works

1
Get legal advice first. If you are arrested or detained, call the free Police Detention Legal Assistance line on 0800 102 040, any hour. If you have only received a charging document, contact a lawyer or the West Coast community-law clinic before your first hearing. This is general legal information, not legal advice, and reading it creates no lawyer-client relationship.
2
Understand your charge and category. Work out — with a lawyer's help — whether your charge is category 1, 2, 3 or 4 under the Criminal Procedure Act 2011, because that decides whether jail is possible, whether you can elect a jury, and whether your case stays in the Greymouth District Court or moves to the High Court.
3
Use the free help at court and apply for legal aid. A duty lawyer is available at the Greymouth (Māwhera) District Court on your hearing day at no cost. If your charge carries six months' imprisonment or more and you cannot afford a lawyer, apply for criminal legal aid so you have ongoing representation, not just one-day advice.

Free & low-cost Criminal Law help in West Coast

If you cannot afford a private lawyer, the West Coast has real, free help — and most of it is just a phone call away. These are independent organisations, not Legal Hotline, but they are the right doors to know. When you are launching into the system for the first time, start with the free PDLA line or the duty lawyer at court.

Free legal advice by phone, 24/7, for anyone arrested or detained by police — no minimum age and no income test for that first call. Phone 0800 102 040.
Free one-on-one legal help for people on low incomes across the Grey and Westland Districts, including criminal and driving matters; runs a regular Greymouth clinic. Phone 0508 226 529.
Government-funded lawyers for those who qualify; eligibility is automatic (means-tested) when the maximum penalty is six months' imprisonment or more. Explains how to apply.
Free, confidential information about your rights and the court process, and referrals to the right legal service for your situation, including West Coast contacts.
The official register to find a criminal-law lawyer who covers the West Coast, including legal-aid providers and those who take new clients.

FAQ — Criminal Law in West Coast

Which court will hear my criminal case on the West Coast?

For nearly all adult criminal matters on the Coast, the Greymouth (Māwhera) District Court at 60 Guinness Street, Greymouth. Westport, Hokitika and Reefton cases are generally administered through Greymouth, and the most serious cases are heard there as the High Court. Knowing where to appear — and on time — is the first practical step.

Do I have to talk to the police if they ask me questions?

No. Under section 23 of the New Zealand Bill of Rights Act 1990, if you are arrested or detained you have the right to stay silent and to consult a lawyer without delay, and the police must tell you both. You can phone a free lawyer through the PDLA scheme on 0800 102 040 before saying anything.

Can I get a free lawyer if I'm arrested in Greymouth?

Yes. The Police Detention Legal Assistance scheme gives free legal advice by phone, 24/7, to anyone the police have arrested or are holding — there is no minimum age and no income test for that call. Phone 0800 102 040. At court, a free duty lawyer can also help you on your hearing day.

Will I qualify for legal aid for my charge?

If your charge carries a maximum penalty of six months' imprisonment or more and you cannot afford a lawyer, you automatically qualify for criminal legal aid (subject to a means test). For less serious charges you may still qualify if jail is a real risk, you have a record, or the case is legally complex. You apply through the Ministry of Justice.

What's the difference between a category 1, 2, 3 and 4 offence?

Under the Criminal Procedure Act 2011: category 1 is fine or community-sentence only; category 2 is up to two years' imprisonment (judge-alone trial); category 3 is two years or more, with the right to elect a jury; category 4 covers the most serious offences such as murder, heard in the High Court before a judge and jury. The category decides whether jail is possible and whether you can choose a jury.

What is the drink-driving limit 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 per 100 millilitres of blood; for drivers under 20 the limit is zero. Readings above 400 micrograms (breath) or 80 milligrams (blood) are criminal charges heard in the District Court, not just a roadside fine.

What happens if I'm caught drink-driving more than once?

Penalties escalate sharply. A third or subsequent drink-driving conviction carries a maximum of two years' imprisonment or a $6,000 fine, and the court must disqualify you from driving for more than one year. Repeat offending can also bring an alcohol interlock or zero-alcohol licence requirement, so early legal advice matters.

My teenager was charged — does that go to the same court?

No. Defendants under 18 are dealt with in the Youth Court, which at Greymouth (Māwhera) sits monthly. It is a closed court — no public, no jury — and a judge decides, with a focus on the young person's circumstances. The most serious charges can still be transferred to the District or High Court.

Can I avoid a conviction even if I did it?

Sometimes. For lower-level offending, Police Adult Diversion can keep a conviction off your record if you complete agreed conditions, and a court can grant a discharge without conviction under section 106 of the Sentencing Act 2002 where the consequences of a conviction would be out of all proportion to the offending. A lawyer can tell you whether either is realistic in your case.

Is this hotline legal advice, and can it get me a lawyer?

This page gives general legal information, not legal advice, and reading it creates no lawyer-client relationship. Legal Hotline is not a law firm. Free first-step help on the West Coast comes from the PDLA line (0800 102 040), the duty lawyer at the Greymouth court, and Community Law Canterbury's Greymouth clinic; for ongoing representation, apply for legal aid or find a lawyer through the New Zealand Law Society.


West Coast criminal lawyers: join our network

Are you a New Zealand-qualified criminal lawyer covering the West Coast — Greymouth, Westport, Hokitika and the wider Grey and Westland Districts? We connect people facing charges with local counsel at the moment they are ready to act, from first-appearance advice through to jury trials, drink-driving and youth matters. If you would like to receive matched client enquiries for West Coast criminal work, register your interest to join our lawyer network.

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Last updated: 21 June 2026. Reviewed by the Legal Hotline Editorial Team.

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.

Know where you stand before your first court date.

A criminal charge on the West Coast is daunting, but the system is more navigable once you understand it — which court you are in, what your charge category means, and the free help available before you ever speak to police or enter a plea. New Zealand has one national criminal law, so the rules are the same everywhere; what is local is the Greymouth (Māwhera) District Court and the free services on your doorstep. Use them early. This is general legal information to help you act, not legal advice.

Free legal information. Not legal advice.

Last updated 21 June 2026
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