Free Guide
Should I
talk to Police?
You have the right to remain silent. In almost every case, exercising that right — and getting legal advice before saying anything — is the right call. Here is why.
- Your right to silence under the NZ Bill of Rights Act 1990
- What you are required to provide
- What "helping Police with their inquiries" actually means
- Why talking can make things worse, even if you're innocent
- What to say (and not say) if stopped or arrested
Your right to silence
Under section 23(4) of the New Zealand Bill of Rights Act 1990, everyone who is arrested or detained has the right to refrain from making any statement. This is the right to silence, a fundamental legal right, not a technicality. Exercising it cannot be used as evidence of guilt.
What you must provide
If you are driving and stopped by Police, you must provide your name, address, date of birth, and driver licence if asked. If you are arrested, you must provide your name and address. Beyond that — you are not required to answer questions, explain yourself, or provide a statement.
What "helping Police with their inquiries" means
This phrase is often used to make a Police interview sound voluntary and informal. In practice, it is an interview, and anything you say can and will be used as evidence against you. There is no informal conversation with Police in this context. If Police want to speak to you about a serious matter, they want evidence — and you can provide it without realising it.
Why talking can make things worse
People often believe that if they explain themselves clearly, Police will understand and the matter will go away. In reality, a voluntary statement given without legal advice can give Police evidence they did not previously have, confirm details they were uncertain about, and reduce your options later in the process. Even truthful statements can be taken out of context, misrecorded, or used in unexpected ways at trial.
People also underestimate how much of what they say sounds incriminating even when it isn't. An explanation that makes complete sense to you can be portrayed very differently in a courtroom.
What to say if stopped or arrested
Provide your name, address, and date of birth if asked. Beyond that, say clearly that you wish to speak to a lawyer before answering any questions, and then say nothing further. This is your legal right and Police must facilitate it. If you are in custody, you are entitled to consult a lawyer in private before being questioned.
The one exception — breath testing
If you are required to undergo a breath screening or evidential breath test under the Land Transport Act, you must comply. Refusing to provide a breath or blood specimen is itself a criminal offence carrying similar penalties to a drink driving conviction. The right to silence does not apply to statutory breath testing requirements.
The key point
Getting legal advice before making any statement to Police is almost always the right decision. The call takes minutes, costs nothing for the initial advice, and can make a significant difference to the options available to you.