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Crimes Act 1961

Matters of justification or excuse - Use of force

41: Prevention of suicide or certain offences

You could also call this:

“You can use reasonable force to stop someone from hurting themselves or others, or damaging property.”

You are allowed to use force if it’s reasonably necessary to stop someone from committing suicide or committing a crime that could cause immediate and serious harm to a person or their property. You can also use force if you have good reasons to believe that someone is about to do something that would be suicide or one of these serious crimes.

However, this rule has an exception. It doesn’t apply in situations covered by section 37 of the End of Life Choice Act 2019. This means there are some cases where you can’t use force to stop what might look like suicide, because it’s allowed under that other law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328259.

Topics:
Crime and justice > Criminal law
Rights and equality > Privacy
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Part 3 Matters of justification or excuse
Use of force

41Prevention of suicide or certain offences

  1. Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.

  2. This section is subject to section 37 of the End of Life Choice Act 2019.

Compare
  • 1908 No 32 s 72
Notes
  • Section 41(2): inserted, on , by section 41 of the End of Life Choice Act 2019 (2019 No 67).