Your Legal Rights Under New Zealand Law
What are my rights with the NZ Police?
Your rights with the police in New Zealand may vary depending on whether or not you have been arrested.
What information do I have to provide?
I have not been arrested:
If you are driving a vehicle and you are stopped by the police, you are required to provide your name, address and birth date or age. If you are driving someone elses vehicle, you are required to provide the vehicle owner’s name.
I have been arrested:
You are required to tell police your name, address, birth date and occupation. You are also required to allow your picture and fingerprints to be taken. Depending on the charges, police may also require a buccal or blood sample for DNA testing.
You are not required to make any statements or give any more information without your lawyer present. Be careful of any comments you make as these can be used as evidence in a court of law. Whilst under arrest, you have the right to be treated humanely and be brought before court or relevant tribunal as soon as a possible.
Whether questioned, detained or placed under arrest by police, your rights include:
If the police ask you to go with them, you don’t have to go unless:
If you agree to go with the police when you haven’t been arrested you may change your mind and leave at any time. If you are legally required to go with the police and you do not comply, you could be arrested.
Under any circumstances: you are required to stop driving and provide personal details when asked by the police.
What are my rights regarding drinking and driving?
You may be asked to undergo a breath test. Refusal or failure to undergo a breath-screening test by police may result in you being required to undergo an evidential breath test or blood test at the station. You have the right to talk to a lawyer before an evidential breath or blood test. However, refusal to take either test may result in you being arrested and charged with refusing to provide a blood sample.
Whether questioned, detained or placed under arrest by police, your rights include:
- the right to speak with a lawyer, in private and without delay
- the right to remain silent or refrain from comment
- the right to know why you are questioned, detained or delayed
If the police ask you to go with them, you don’t have to go unless:
- you have been arrested
- you are suspected of drink driving or DUI
If you agree to go with the police when you haven’t been arrested you may change your mind and leave at any time. If you are legally required to go with the police and you do not comply, you could be arrested.
Under any circumstances: you are required to stop driving and provide personal details when asked by the police.
What are my rights regarding drinking and driving?
You may be asked to undergo a breath test. Refusal or failure to undergo a breath-screening test by police may result in you being required to undergo an evidential breath test or blood test at the station. You have the right to talk to a lawyer before an evidential breath or blood test. However, refusal to take either test may result in you being arrested and charged with refusing to provide a blood sample.
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