Crimes Act 1961

Matters of justification or excuse - Use of force

41: Prevention of suicide or certain offences

You could also call this:

"Stopping someone from getting hurt or committing a serious crime"

You are allowed to use force to stop someone from hurting themselves or others. You can use force to prevent someone from committing a crime that would cause serious harm to people or property. You can also use force if you believe someone is about to do something that would be a crime or would hurt themselves.

You can use the amount of force that is reasonably necessary to stop these things from happening. This means you should only use as much force as you need to prevent harm. This section is subject to section 37 of the End of Life Choice Act 2019.

You need to remember that you must have good reasons to believe that someone is about to commit a crime or hurt themselves before you use force. You should think carefully before using force to make sure you are doing the right thing. The law is in place to help keep people safe.

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This page was last updated on

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


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42: Preventing breach of the peace, or

"Stopping someone who is causing trouble or disturbing the peace"

Part 3Matters 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).