Police Encounters
Your rights when stopped, searched, questioned, arrested or detained by NZ Police — and how to complain.
Covered in this guide:
New Zealand has no single written constitution. Your rights when dealing with Police come from the New Zealand Bill of Rights Act 1990 (NZBORA), the Search and Surveillance Act 2012, the Policing Act 2008 and the common law. NZBORA protects you against unreasonable search and seizure (s 21), arbitrary detention (s 22), and guarantees rights on arrest — including the right to a lawyer (s 23). There is no general power to demand your name just for being in public; that only applies in specific situations such as driving. If your rights are breached you can complain to the independent Independent Police Conduct Authority (IPCA).
Emergency: 111. Police non-emergency: 105.
Key Laws
New Zealand Bill of Rights Act 1990
ss 21–24
Protection from unreasonable search/seizure and arbitrary detention; rights on arrest, to a lawyer, and when charged.
Search and Surveillance Act 2012
Public Act 2012 No 24
When Police can search you, your home or car — warrant and warrantless powers, and the safeguards on them.
Policing Act 2008
Public Act 2008 No 72
Functions, powers and duties of constables; identifying details officers must give.
Independent Police Conduct Authority Act 1988
Public Act 1988 No 2, s 12
Independent oversight of Police; receives and investigates complaints about Police conduct.
Your Rights When Stopped by Police
Being stopped by Police does not, by itself, mean you have to answer questions or even give your name. New Zealand has no general "stop and identify" law — an officer can only require your...
Police Search Powers (You, Your Home and Car)
The starting point is section 21 of the New Zealand Bill of Rights Act 1990: everyone is secure against unreasonable search and seizure. The Search and Surveillance Act 2012 then sets out exactly...
Your Rights on Arrest and Detention
Section 23 of the New Zealand Bill of Rights Act 1990 sets out what must happen when you are arrested or detained. You must be told the reason at the time, told you have the right to consult and...
Police Questioning and the Right to Silence
You are never required to answer Police questions about an alleged offence. The right to silence is protected by section 23(4) of the New Zealand Bill of Rights Act 1990, and the Evidence Act 2006...
Traffic Stops and Drink/Drug-Driving Tests
Driving carries duties that ordinary public encounters do not. Under the Land Transport Act 1998, you must stop when signalled by an enforcement officer and give your name, address and date of birth...
Making a Complaint About Police
If you believe Police acted unlawfully, unfairly, or with excessive force, you can complain to the Independent Police Conduct Authority (IPCA). The IPCA is an independent body created by the...