Right to Silence — NZ Police Questioning (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
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 governs how anything you do say can be used.
Before a formal interview, Police should give you a caution — telling you that you don't have to say anything and that anything you say may be recorded and used. Choosing to stay silent cannot, by itself, be treated as evidence of guilt. The two things you must still do are give correct identifying details where a law requires it (e.g. as a driver), and not actively mislead Police with false information.
When does it apply?
- Police want to interview you, in person or by phone.
- You have been cautioned before questioning.
- You're unsure whether to make a statement.
What to do when Police want to question you
- Politely say you wish to remain silent until you have legal advice.
- Ask for a lawyer (free PDLA advice is available).
- If you choose to answer, stick to the truth and keep it brief.
What should you NOT do?
- Don't feel pressured to "explain" your way out — that's how avoidable statements get made.
- Don't lie or invent an alibi — that creates new problems.
- Don't waive your rights just because the interview feels informal.
About Police Encounters in New Zealand
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.
Common Questions
What is the police questioning and the right to silence right in New Zealand?
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 governs how anything you do say can be used.Before a formal interview, Police should give you a caution — telling you that you don't have to say anything and that anything you say may be recorded and used. Choosing to stay silent cannot, by itself, be treated as evidence of guilt. The two things you must still do are give correct identifying details where a law requires it (e.g. as a driver), and not...
When does it apply — police questioning and the right to silence?
Police want to interview you, in person or by phone.You have been cautioned before questioning.You're unsure whether to make a statement.
Do I have to answer Police questions in New Zealand?
Politely say you wish to remain silent until you have legal advice.Ask for a lawyer (free PDLA advice is available).If you choose to answer, stick to the truth and keep it brief.
What should you NOT do — police questioning and the right to silence?
Don't feel pressured to "explain" your way out — that's how avoidable statements get made.Don't lie or invent an alibi — that creates new problems.Don't waive your rights just because the interview feels informal.