Crimes Act 1961

Matters of justification or excuse - Arrest

34: Persons assisting constable or officer in arrest

You could also call this:

“People can help police or officials catch someone if asked, as long as it seems reasonable”

If a police officer asks you to help them arrest someone they think has committed a crime, you are allowed to help. You can assist the officer unless you know for sure that there’s no good reason to believe the person did something wrong.

Sometimes, people who aren’t police officers might be allowed to ask for help when arresting someone without a warrant. This could happen if a law says they can do this. If one of these people asks for your help to arrest someone who they say has committed a crime or was caught in the act, you’re allowed to help. But if you know there’s no good reason to think the person actually did anything wrong, then you shouldn’t help with the arrest.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328249.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety

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33: Arrest by other officers or persons pursuant to statutory powers, or

“People who aren't police officers can sometimes arrest others if a law says they can”


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35: Arrest of persons found committing certain crimes, or

“When you can stop someone who is breaking the law without needing special permission”

Part 3 Matters of justification or excuse
Arrest

34Persons assisting constable or officer in arrest

  1. Every one called upon by a constable to assist him or her in the arrest of any person believed or suspected to have committed any offence is justified in assisting unless he or she knows that there is no reasonable ground for the belief or suspicion.

  2. Where by any enactment it is provided that any officer or person, not being a constable, may call upon any other person to assist him or her in arresting without warrant any one who has committed or is found committing any offence, every person so called upon is justified in assisting unless he or she knows that there is no reasonable ground for believing that the person to be arrested has committed the offence.

Compare
  • 1908 No 32 s 52