Plain language law

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:

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

You can arrest someone without a warrant in two situations:

  1. If you find someone committing a crime that could be punished by at least 3 years in prison under this Act.

  2. If you find someone committing any crime under this Act at night.

This means you don’t need permission from a judge or the police to make an arrest in these cases. You can take action yourself if you see these crimes happening.

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

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

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

“You can catch someone at night if you think they're breaking the law, and you won't get in trouble for it.”

Part 3 Matters 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).