How bail works in New Zealand
If you are arrested, obtaining bail becomes a priority following arrest. You either remain in custody until your next court appearance or you may get bail to a suitable bail address.
In New Zealand, the Court weigh the balance of individual freedom with the protection of justice and community, in considering the granting of bail applications. Courts systematically assess risks and aim to apply reasonable and relevant conditions. Legal representation, timely appeals, and variation processes are fundamental safeguards in ensuring the bail process functions fairly and effectively.
A well-prepared bail application supported by sound legal advice can make the difference between staying in custody and returning home to your family, your work, and your community.
About bail in New Zealand
The Bail Act 2000 governs how bail is determined and sets out a range of mandatory and discretionary considerations for Judges. These considerations include whether a defendant will fail to appear in court, whether they will commit an offence while on bail or whether a defendant is likely to interfere with witnesses or evidence.[1]
The Judge may also consider additional factors such as how serious the offence is, what the strength of the evidence is, what the defendant’s history is and in certain cases, what the complainant/s views are regarding the possible granting of bail.
Different types of bail in New Zealand
There are a range of forms of bail in New Zealand:
| Bail type | Definitions and conditions |
|---|---|
| Release at large | Released without conditions aside from court attendance. |
| Bail simpliciter | Conditions include curfews, reporting, non-association, substance restrictions, travel limits or other reasonable conditions. |
| EM bail | GPS monitoring, fixed residence, and authorised absences only. |
| Reverse-onus bail | The onus is on the defendant to justify bail for serious/repeat offences, or when an individual has pleaded guilty to the charges and lost the presumption of innocence. |
| Youth bail | Default release for 17-year olds unless serious concerns exist in specified circumstances. |
Electronically monitored bail (EM bail)
It can be nerve-wracking when an individual is denied bail, but often there are still options available to them. One of the most common options is to apply for electronically monitored bail or ‘EM bail’. This is where the defendant must wear a GPS monitor on their ankle 24/7.
EM bail is designed to avoid custody for suitable defendants who are awaiting court proceedings. Non-compliance such as removing the anklet, leaving the premises without permission or failing to charge the device triggers alerts and these are taken very seriously by the Court. In these circumstances the Police will respond, and they may arrest the defendant. It is then up to the Judge whether they think EM bail should continue.
Appeals or variations to bail
Alternatively, if you are declined bail simpliciter or EM bail by a District Court Judge you retain the ability to appeal this decision to the High Court for further consideration.
Once you are on bail it is crucial that you comply with all the conditions set for that bail, to ensure you are not remanded in custody. Breaches of bail can result in formal charges and harsher consequences. You can request a variation to your bail conditions, and it is important to keep in contact with your lawyer well in advance of any variations you may want, so that they can prepare a variation and put it before the Courts in due time.
How can Bloem Law help with the bail process
At Bloem Law we know how confusing and stressful this stage can be. Understanding your rights and the bail process can make a significant difference in how your case progresses and how your life is impacted during it. A bail application that is not put forward correctly in the first instance may cause you a lot of problems in the future. If you or someone you care about has been charged with an offence and needs advice about bail, don’t leave anything to chance. Contact Bloem Law to find out how we can help.
Article written by: Gunjan Soeny
Publish date: Thursday 31 July 2025
[1] Section 8 of the Bail Act