The importance of legal representation
Legal representation is your right. It is not a privilege or option that the Police can give or take away from you. Access to legal representation is a cornerstone of a fair and impartial criminal justice system and section 24 of the New Zealand Bill of Rights Act 1990 states that if you are charged with a criminal offence, you have the right “to consult and instruct a lawyer in private and without delay.”
Being arrested is often a disorienting and high-stress experience, and the decisions and actions made in the early stages of arrest can have long-term consequences. There is an assumption that asking for legal representation may suggest you are guilty. This is not true. Your right to have a lawyer present during your first interactions with the Police safeguards you to help prevent self-incrimination and ensure the Police follow proper procedures.
How to secure legal representation when arrested
When you are first detained by Police, you will be offered the opportunity to speak to a lawyer. You may already have a lawyer you use and can contact. If you don’t, the Police have a Police Detention Legal Assistance Roster (PDLA) which is a service offering free legal advice to people in Police detention. A lawyer from this roster will be able to provide you with initial legal advice about your rights while you are in custody.
If you are appearing in court for the first time and have not yet been able to secure a lawyer, you would typically meet with the duty lawyer who would help you determine if you can engage a Legal Aid lawyer (subsidised funding through the Ministry of Justice) or should engage a private client lawyer (where you privately engage the lawyer to act on your behalf). If you are eligible for Legal Aid, the duty lawyer will assist you with filling in relevant forms.
It is important to note that at your first court appearance, it is common that no plea (e.g. guilty or not guilty) is entered. This allows you time to have a full discussion with your lawyer.
Why ongoing legal representation is important
Beyond the initial arrest, ongoing legal representation is essential to navigate the complexities of the criminal justice system. From representing you in court, to bail applications, reviewing evidence, submitting pre-trial motions and undertaking plea negotiations (where appropriate), consistent legal advice helps you make informed decisions throughout the process.
A dedicated lawyer will assess the strength of the evidence, develop a strategic defence and advocate effectively in court. Ongoing legal representation is not just about tactical advantages, but can also provide a sense of stability and confidence during an otherwise uncertain time.
Self-representation when facing criminal charges
For those who may wish to self-represent, research conducted by the New Zealand Law Society (Access to Justice Survey 2021) and the Ministry of Justice (Legal Needs Survey Oct 2024) shows that self-represented litigants often face significant disadvantages. Despite this, the number of individuals representing themselves in court has increased. The trend is attributed to rising court costs and limited availability of legal aid. The New Zealand Law Society emphasises the need for systemic reforms to address these issues and ensure equitable access to justice for all individuals.
James Farmer KC writes: “While individuals have the right to self-representation, the legal system is primarily designed for represented parties. Unrepresented litigants may struggle with legal procedures, potentially leading to inefficiencies and challenges in ensuring fair outcomes.”
How Bloem Law can help
If you find yourself needing legal representation Bloem Law can help. Our team will provide you legal support whether we are engaged through Legal Aid or privately. We can represent you from your first appearance in court, including bail through to sentencing, until the conclusion of your case.
Author: Samantha White
Article publish date: 1 July 2025
Please note, the information in this article was correct as at the publishing date.