Your Rights on Arrest in New Zealand (2026 Guide)
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?
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 instruct a lawyer without delay, and told you have the right to remain silent. You can also have someone notified.
Free initial legal advice is available 24/7 through the Police Detention Legal Assistance (PDLA) scheme — ask to call a lawyer before you answer questions. Anything you say can be used in evidence, so the safest step in almost every case is to speak to a lawyer first.
If you are charged, further rights apply, including the right to be brought before a court as soon as possible and the right to bail where appropriate.
When does it apply?
- You are arrested or told you are not free to leave.
- Police want to interview you about an offence.
- You are being held at a Police station.
What to do if you are arrested in New Zealand
- Ask why you are being arrested or detained.
- Say you want a lawyer and ask to use the free PDLA service before any interview.
- Exercise your right to silence until you have legal advice.
- Ask to have a family member or friend notified.
What should you NOT do?
- Don't answer questions before speaking to a lawyer — you can't take words back.
- Don't resist arrest, even if you believe it's wrong; challenge it later.
- Don't sign a statement you haven't read or don't agree with.
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 your rights on arrest and detention right in New Zealand?
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 instruct a lawyer without delay, and told you have the right to remain silent. You can also have someone notified.Free initial legal advice is available 24/7 through the Police Detention Legal Assistance (PDLA) scheme — ask to call a lawyer before you answer questions. Anything you say can be used in evidence, so the safest step in almost every case is to speak to a lawyer first.If you are charged, fur...
When does it apply — your rights on arrest and detention?
You are arrested or told you are not free to leave.Police want to interview you about an offence.You are being held at a Police station.
What are my rights if I'm arrested in New Zealand?
Ask why you are being arrested or detained.Say you want a lawyer and ask to use the free PDLA service before any interview.Exercise your right to silence until you have legal advice.Ask to have a family member or friend notified.
What should you NOT do — your rights on arrest and detention?
Don't answer questions before speaking to a lawyer — you can't take words back.Don't resist arrest, even if you believe it's wrong; challenge it later.Don't sign a statement you haven't read or don't agree with.