Your rights if you are arrested in New Zealand

Last updated 23 June 2026. This is general information, not legal advice.

Being arrested is frightening, and fear makes people do the two things that hurt them most, talk too much and resist. New Zealand law gives you clear, strong rights from the moment you are arrested, and knowing them calmly is the best protection you have. This guide explains exactly what those rights are, what the police can and cannot do, and the few simple things to say and do. Everything here ties back to the New Zealand Bill of Rights Act 1990.

Arrested, detained, or just helping

Your rights, and your obligations, depend on which of three situations you are in, and it is not always obvious which one it is.

• Helping with enquiries. If you are not under arrest and not being detained, you are free to leave at any time. You do not have to go to a station, answer questions, or stay.
• Detained. You are not free to leave, but you have not been formally arrested. You still get the rights to a lawyer and to silence.
• Arrested. You are formally in custody for an offence, and the full set of rights applies.

If you are not sure which situation you are in, ask the simple question, am I free to go. If the answer is yes, you can leave. If the answer is no, you are at least being detained, and your rights to a lawyer and to silence are switched on.

Your rights the moment you are arrested

Section 23 of the New Zealand Bill of Rights Act sets out the rights of anyone who is arrested or detained. From the moment it happens, you have the right to:

• Be told the reason for your arrest or detention, at the time it happens.
• Consult and instruct a lawyer without delay, and to be told that you have this right.
• Refrain from making any statement, and to be told that you have this right, the right to silence.
• Have the lawfulness of your arrest tested by a court without delay, and to be released if it was unlawful.
• Be treated humanely and with respect for your dignity.

The police are required to tell you these rights, usually by reading them to you. If you are arrested, you should also be brought before a court as soon as possible if you are not released on bail beforehand.

The right to silence

This is the right people most often throw away. You do not have to answer police questions, explain yourself, or give your side of the story, no matter how much you want to clear things up. Anything you say can be written down and used against you in court, and people frequently talk themselves into trouble trying to talk their way out of it.

There is a narrow exception. You generally do have to give your name, address, age and date of birth when you are being arrested. Away from an arrest, the police can only require your details where a specific law gives them that power, for example when you are driving. If you have no fixed address, say so rather than giving a false one. Beyond that basic identification, you can and usually should stay silent until you have spoken to a lawyer. A simple, polite line covers it, I am going to exercise my right to silence, and I would like to speak to a lawyer.

Staying silent cannot be treated as evidence of guilt. It is your right, and exercising it is normal and sensible.

The right to a free lawyer

You have the right to consult and instruct a lawyer without delay, and you should use it before you answer any questions. Ask to speak to a lawyer in private, and the police must give you a reasonable opportunity to do so.

You do not need to have your own lawyer or any money. There is a free service, the Police Detention Legal Assistance scheme, which gives anyone in police custody free initial legal advice from a duty lawyer, available 24 hours a day, seven days a week. Tell the police you want to speak to the duty lawyer under that scheme and they will arrange the call, or ask for the free Police Detention Legal Assistance line on 0800 102 040. Take the advice you are given before you decide whether to make any statement.

What happens at the police station

At the station you are processed into custody. Your belongings are usually taken and listed, and you may be searched. You have the right to consult a lawyer in private, and the right to have someone told that you have been arrested and where you are, so a family member can be informed. There is no American-style single phone call rule, but you can ask the police to notify someone for you.

You cannot be held indefinitely. If you are not released on police bail, the police must bring you before a court as soon as possible, usually the next sitting day. If you are being held and are unsure what is happening, keep asking for your lawyer.

Search, fingerprints and DNA

When you are arrested, the police have powers they do not have when you are simply walking down the street. They can search you and your belongings on arrest. They can take your fingerprints and photograph you where you have been arrested or charged with an offence that can be punished by imprisonment.

DNA is more controlled and sits under its own law, the Criminal Investigations (Bodily Samples) Act 1995. The police can ask you to give a DNA sample by consent, and for an offence punishable by imprisonment they can compel one. You can ask to speak to your lawyer about whether to consent to a DNA sample, and you should. If you are released without charge, you can ask about having your fingerprints, photographs and any sample destroyed.

Being charged and bail

If the police decide to charge you, they must tell you what you are charged with. From that point you have further rights under the Bill of Rights Act, including the right to a lawyer and, if you cannot afford one and it is in the interests of justice, legal aid.

After being charged, you are either released or held. You may be given police bail to appear in court later, sometimes with conditions such as a curfew or not contacting certain people. If you are not given police bail, you are brought before a court as soon as possible, usually the next sitting day, and you can apply to the court for bail there. Being refused bail by the police is not the end of it, the court decides afresh.

If you are under 18

Children and young people have extra protections. Before a young person under 18 is questioned about an offence, they have the right to consult, and to have present, a lawyer and a nominated person, usually a parent, caregiver or another trusted adult. A statement made without those protections will often not be allowed as evidence.

If your child has been arrested or is being questioned, ask to be present, and ask for a lawyer and the youth duty lawyer or YouthLaw before any questioning goes ahead. The youth justice system is designed to be different from the adult one, and these safeguards matter.

If you are not a New Zealand citizen

An arrest or a criminal charge can have consequences for a visa or residence, including for permanent residents. If you are not a New Zealand citizen, tell your lawyer, and get advice that takes the immigration side into account before you make any decisions about a plea.

What to do, and what not to do

Do stay calm and polite, give your name, address and date of birth, clearly say you want a lawyer, and clearly say you are exercising your right to silence.

Do remember what happened, the times, the officers, what was said, as soon as you can afterwards, in case your rights were not respected.

Do not resist arrest, run, or struggle, even if you are certain the arrest is wrong. Resisting is a separate offence and can get you hurt. The place to fight an unlawful arrest is later, with a lawyer.

Do not answer questions, sign anything, or make a statement before you have spoken to a lawyer, however reasonable the request seems.

If your rights were breached

If the police did not tell you why you were arrested, denied you access to a lawyer, or did not respect your right to silence, that matters. Evidence obtained by breaching your rights can be ruled inadmissible in court, which is one reason a lawyer is so important. Tell your lawyer exactly what happened.

You can also make a complaint about police conduct to the Independent Police Conduct Authority, which investigates complaints against the police independently, on 0800 503 728. Serious mistreatment should be raised both with your lawyer and with the Authority.

Free help when you need it

• The Police Detention Legal Assistance duty lawyer on 0800 102 040, free and available 24/7 to anyone in police custody. Ask the police to arrange it.
• Community Law Centres for free legal advice and a detailed manual on police powers.
• YouthLaw on 0800 884 529 for free legal help for under-18s.
• Citizens Advice Bureau on 0800 367 222 for free, confidential guidance.

Frequently asked questions

Do I have to answer police questions in New Zealand

No, beyond giving your name, address and date of birth when you are being arrested or when the police have a lawful power to require your details. You have the right to silence, and anything you say can be used in court. The safest approach is to politely say you are exercising your right to silence and want to speak to a lawyer.

Can I get a free lawyer if I am arrested

Yes. The Police Detention Legal Assistance scheme gives anyone in police custody free initial advice from a duty lawyer, 24 hours a day. Just tell the police you want to speak to the duty lawyer. If you are later charged and cannot afford a lawyer, you may qualify for legal aid.

What should I say if I am arrested

Give your name, address and date of birth, then say clearly, I am exercising my right to silence, and I want to speak to a lawyer. Do not explain, argue or give your account, and do not sign anything or make a statement until you have spoken to a lawyer. Stay calm and do not resist.

Can the police arrest me without telling me why

No. The Bill of Rights Act requires the police to tell you the reason for your arrest or detention at the time it happens. If they do not, that is a breach of your rights, and you should tell your lawyer, because it can affect whether evidence is allowed in court.

How do I know if I am being detained or am free to go

Ask. Say, am I free to go. If the answer is yes, you can leave and you do not have to answer questions. If the answer is no, you are at least being detained, which switches on your rights to a lawyer and to silence. Either way, you only have to give your basic identifying details.

Do you have to give your name to police in New Zealand

When you are being arrested, yes, you must give your name, address, age and date of birth. In everyday situations away from an arrest, you usually do not have to identify yourself unless a specific law applies, such as when you are driving. See our separate guide on giving your name to police for the detail.

How long can the police hold you in New Zealand

Not indefinitely. If you are arrested and not released on police bail, the police must bring you before a court as soon as possible, usually the next sitting day. While you are held you keep your right to a lawyer and your right to silence, so keep asking for the duty lawyer.

Have you had to use your rights during an arrest in New Zealand? Tell us what happened in the comments below.