Free Guide
What are my
rights if arrested?
Being arrested is frightening — but you have legal rights from the moment it happens. Knowing those rights and exercising them calmly can make a significant difference to how the matter unfolds.
- Right to be told why you are being arrested
- Right to consult a lawyer immediately and in private
- Right to silence
- Right to be brought before a court promptly
- Right to be treated with dignity
- What Police can and cannot do
Your rights under the NZ Bill of Rights Act 1990
The New Zealand Bill of Rights Act 1990 sets out a range of rights that apply the moment you are arrested or detained. These rights cannot be waived by Police and must be communicated to you promptly.
Right to be told why
Under section 23(1)(a) of the Bill of Rights Act, everyone who is arrested must be promptly informed, in a language they understand, of the reasons for their arrest. If you are not told why you are being arrested, you can ask — and Police must tell you.
Right to a lawyer
Section 23(1)(b) gives everyone who is arrested or detained the right to consult and instruct a lawyer without delay and in private. Police must inform you of this right, and must give you a reasonable opportunity to contact a lawyer before any questioning begins. You can request any lawyer you choose, including Sam — or ask for duty solicitor assistance. Do not agree to be questioned until you have spoken to a lawyer.
Right to silence
Section 23(4) gives everyone who is arrested or detained the right to refrain from making any statement. This means you are not required to answer Police questions, explain your actions, or provide a statement. Beyond giving your name and address, you can — and in most cases should — decline to answer questions until you have received legal advice.
Right to be brought before a court
Section 23(1)(c) provides that everyone who is arrested must be brought before a court as soon as possible. Police cannot hold you indefinitely without charge. If you are charged, you must be brought before a court at the next available sitting.
What Police can do
Police can search you if they have lawful grounds to do so, including if you are arrested, or if they have a reasonable belief that you have something that could be used as evidence. They can take photographs and fingerprints if you are charged. They can detain you for questioning for a reasonable period, but not indefinitely. They can hold you in custody if bail is refused.
What Police cannot do
Police cannot question you after you have invoked your right to silence and requested a lawyer. They cannot use force beyond what is reasonably necessary. They cannot deny you the opportunity to contact a lawyer. Evidence obtained in breach of these rights may be excluded at trial.
The key point
If you are arrested: stay calm, ask why you are being arrested, ask to speak to a lawyer immediately, and say nothing further until you have done so. Do not try to explain yourself, argue, or talk your way out of the situation. That can always be done later — once you have legal advice.