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New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Arrest

35: Arrest of persons found committing certain crimes

You could also call this:

"Catching someone breaking the law: when you can arrest them without a warrant"

You can arrest someone without a warrant if you catch them doing something against the law that could get them imprisoned for three years or more. You can also arrest someone at night if you catch them doing something against the law. This is part of the Crimes Act 1961, which you can find more information about on the New Zealand legislation website. Some parts of this law have been changed, like section 35, which was amended by the Crimes Amendment Act 2008. You can learn more about these changes by looking at the Crimes Amendment Act 2008.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328250.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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34: Persons assisting constable or officer in arrest, or

"Helping a police officer or other authorised person make an arrest"

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36: Arrest of person believed to be committing crime by night, or

"Arresting someone at night if you think they're committing a crime"

Part 3Matters of justification or excuse
Arrest

35Arrest of persons found committing certain crimes

  1. Every one is justified in arresting without warrant—

  2. any person whom he or she finds committing any offence against this Act for which the maximum punishment is not less than 3 years' imprisonment:
    1. any person whom he or she finds by night committing any offence against this Act.

      Compare
      • 1908 No 32 ss 53, 57(1)
      Notes
      • Section 35(a): amended, on , by section 4 of the Crimes Amendment Act 2008 (2008 No 8).