Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Use of force

39: Force used in executing process or in arrest

You could also call this:

“Explaining when people can use force to carry out legal duties or make arrests”

If you are allowed by law to carry out a sentence, warrant, or process, or to make an arrest, you can use force if you need to. You can use as much force as you need to overcome any resistance, but only if there’s no other reasonable way to do it without using violence.

However, this rule doesn’t apply if you’re not a police officer or someone helping a police officer. In those cases, you can’t use force that might kill someone or seriously hurt them.

If you’re a police officer, or if a police officer asks you to help, you can use more force if you really need to, even if it might cause serious harm.

Remember, you should always try to use the least violent way possible to carry out your duty or make an 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=DLM328255.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
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38: Arrest during flight, or

“You can catch someone running away if you think they broke the law, even if you're not sure.”

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40: Preventing escape or rescue, or

“Police can use necessary force to stop someone from running away or being rescued after they're caught, but only if there's no easier way to do it.”

Part 3 Matters of justification or excuse
Use of force

39Force used in executing process or in arrest

  1. Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him or her of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:

    provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

Compare
  • 1908 No 32 s 60