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:

"Using force when arresting someone or carrying out a court order"

Illustration for Crimes Act 1961

If you are helping to carry out a sentence, warrant, or process, or making an arrest, you are allowed to use force to overcome resistance. You can use the force that is necessary, but you should try to do it in a way that is not too violent if possible. If you are not a police officer, or someone helping a police officer, you cannot use force that might cause serious harm or death, unless it is an exception to this rule.

When you are using force, you need to think about whether you can achieve your goal in a less violent way. You have to consider if there are other reasonable ways to carry out the sentence, warrant, or process, or to make the arrest. The law allows you to use force, but only if it is really necessary.

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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.


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"Arresting someone while chasing them is allowed if you think they've broken the law and are trying to escape."


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40: Preventing escape or rescue, or

"Stopping someone from escaping after they've been arrested or trying to run away from police"

Part 3Matters 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