Understanding your legal rights during an arrest

Being arrested can be an extremely stressful experience and understanding your legal rights can help you to navigate this situation.

Under New Zealand law you are entitled to certain protections during and after an arrest. In this guide, we’ll break down your legal rights during an arrest including what to expect, when to stay silent, and when to request a lawyer.

What you need to know when you’re arrested

Whether it’s your first time being arrested, or you’re interested in knowing your rights, here is what you need to know:

• You are required to share your name, date of birth, address and occupation with the Police.
• If you were driving, you also need to share who owns the vehicle and your contact number.
• You are not required to give a statement to Police.
• You are not required to “help” the Police in their investigation.
• You are not required to participate in an electronically recorded interview – you don’t have to say anything if Police attempt to force one upon you.
• Police are required to caution you if they suspect you of a crime and wish to question you about it.
• You have the right to speak with a lawyer before being questioned.
• Police have a list of lawyers you can speak with and these lawyers do not work for the Police.
• These lawyers are independent and have an ethical obligation to work in your best interests.
• You must be brought before a court for bail as soon as possible once the decision has been made to lay charges against you.
• You are not required to consent to a search.
• If Police are asking for your permission to search you, your car or your property then they do not have a warrant and it is not likely they have sufficient grounds to conduct a warrantless search.
• You do not need to consent to a warrantless search.
• You are not required to give a sample of your DNA unless the Police advise you that they are going to charge you with an imprisonable offence. They can also get a compulsion order, however in some circumstances they can be challenged in court. You may be required to provide blood for some driving offences.

Key takeaways

• You have a right to not participate in questioning or an interview if the Police suspect you of a crime.
• You do not have an obligation to help the Police in an investigation.
• You should always seek advice before deciding to answer questions from the Police.

How Bloem Law can assist you

Our team have seen many defendants unknowingly help the Police case by answering questions. If you find yourself in this situation and need expert legal defence, Bloem Law can help. We provide representation for a range of criminal offences and believe in the presumption of innocence. Our team is able to work with you, or your client under private instruction or take on a legal aid case.