Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Arrest

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

You could also call this:

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

If you find someone at night and you have good reasons to think they are breaking a law in the Crimes Act, you can arrest them without needing a special document called a warrant. You won’t get in trouble for doing this arrest, even if it turns out you were wrong. This rule helps protect people who are trying to stop crime at night.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328251.

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

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37: Arrest after commission of certain crimes, or

“You can arrest someone without permission if you think they did something against the law.”

Part 3 Matters of justification or excuse
Arrest

36Arrest of person believed to be committing crime by night

  1. Every one is protected from criminal responsibility for arresting without warrant any person whom he or she finds by night in circumstances affording reasonable and probable grounds for believing that that person is committing an offence against this Act.

Compare
  • 1908 No 32 s 55