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Arrested or Charged in New Zealand

The decisions made in the first hours — what you say to police, whether you get advice before an interview, how bail is handled — shape everything that follows. New Zealand law gives you real protections: the right to remain silent, the right to a lawyer without delay, and a free on-call lawyer at any hour if you are detained. Call 0800 461 100 free, any time, to understand exactly where you stand — for yourself, or for someone who has just been taken in.

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Arrested or Charged at a glance

What you must tell police

Your name, address and date of birth — beyond that you have the right to remain silent (NZ Bill of Rights Act 1990, s 23)

Free lawyer at the station

If detained or arrested, the Police Detention Legal Assistance scheme gives you free advice from an on-call lawyer, any hour — ask police for the PDLA list

At court

A free duty lawyer helps people at their first appearance; criminal legal aid covers serious charges for most defendants

What decides your court

The offence category under the Criminal Procedure Act 2011 — from fine-only (category 1) to High Court jury trials (category 4)

Avoiding a conviction

Police diversion (first-time, less serious) and discharge without conviction (s 106) exist — both need raising early

Your rights when police stop or question you

You must give your correct name, address and date of birth — refusing or lying about those is an offence. Beyond that, you are not required to answer questions, and under s 23 of the Bill of Rights, anyone arrested or detained must be told the reason, told of their right to a lawyer, and allowed to consult one without delay, in private. The safest sequence in almost every situation: identify yourself, say you wish to speak to a lawyer, and say nothing else until you have.

Politeness costs nothing and helps; argument at the roadside wins nothing. Rights violations are dealt with later — by your lawyer, sometimes by excluding the evidence. Talk it through with a lawyer now →

At the police station

If you are detained or arrested, the Police Detention Legal Assistance (PDLA) scheme provides free advice from an on-call lawyer at any hour — police must facilitate the call, and you can ask for the PDLA list. Use it before any interview: whether to answer questions at all is the single most consequential decision of the night, and it is exactly what the on-call lawyer will help you make.

Interviews are recorded. Anything you say is evidence. "Just clearing things up" is how people talk themselves into charges — get the advice first. Talk it through with a lawyer now →

Charged: what happens next

A charge arrives with a summons or bail conditions and a first appearance date, almost always in the District Court. First appearances are mostly administrative — the free duty lawyer is there to help, legal aid can be applied for, and entering a plea can usually wait until you have advice and the police disclosure. Which court and what procedure follow from the offence category: category 1 (fine or community sentence only), category 2 (under 2 years' maximum, judge alone), category 3 (2 years or more — you may elect a jury), category 4 (murder, manslaughter and the other most serious offences — High Court).

Bail is decided here too: for most people the starting point is release, with conditions; contested bail deserves preparation, not improvisation. Talk it through with a lawyer now →

The outcomes worth knowing about early

Not every charge ends in a conviction. Police diversion can resolve first-time, less serious matters without one. A discharge without conviction under s 106 of the Sentencing Act is available where a conviction's consequences would be out of all proportion — the travel, employment and registration cases. An early guilty plea, where a plea is the right call, meaningfully reduces sentence. And years later, the clean slate scheme conceals eligible convictions after 7 years clean. Every one of these doors opens earliest — and widest — for people who get advice at the start. Talk it through with a lawyer now →

If it is happening right now

Identify yourself, then ask for a lawyerName, address, date of birth — then the right to silence and the free on-call PDLA lawyer before any interview. If someone you love is in custody, they have these rights too.

Get information immediatelyCall 0800 461 100 free, any hour — what the charge means, the realistic penalties, how bail works, what happens at the first appearance.

Line up representationThe duty lawyer covers the first appearance; legal aid covers serious charges for most people; and a NZ$295 (GST inclusive) consultation with a New Zealand criminal lawyer can be booked right on the call.

Arrested or Charged — your questions answered

Do I have to go to the police station for an interview if asked?

If you are not under arrest, a "voluntary" interview is exactly that — voluntary. You are entitled to decline, or to attend with advice arranged first. If police have grounds to arrest, they will; volunteering into an unprepared interview helps nobody but the file.

The police want to search my phone / house / car. Can they?

Sometimes — with a warrant, with your consent, or under specific warrantless powers. You are entitled to ask the basis and to say you do not consent; do not physically obstruct. Unlawful searches are challenged later and can see evidence excluded — note what happened and tell your lawyer.

Should I just plead guilty and get it over with?

Not before you know three things: what the prosecution can actually prove (the disclosure), what the realistic sentence is, and whether diversion or a discharge without conviction is available. An early plea helps when a plea is right — but "getting it over with" has burdened people with convictions a fortnight's patience would have avoided.

Can I find out what will happen to my job, licence or travel plans?

Those collateral consequences — employment checks, professional registration, visas and travel — are often the real stakes, and they are exactly what a discharge without conviction argument is built on. Raise them early; they are much harder to fix after sentencing.

Someone was arrested tonight — what can family do?

Remind them (through police if needed) that they want a lawyer before any interview — the free PDLA lawyer exists for this. Note where they are held, arrange bail support (an address, a responsible person), and call the free line to understand the process. What family should not do: contact complainants or witnesses. Ever.