Crimes Act 1961

Matters of justification or excuse - Breach of the peace

43: Suppression of riot

You could also call this:

“People can use reasonable force to stop a dangerous group disturbance if it's necessary to prevent harm.”

You are allowed to use force to stop a riot. However, the amount of force you use must not be too much compared to the danger that the riot poses. You can only use as much force as you need to stop the riot. This means you should think about how dangerous the riot is and use only enough force to make it stop.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328262.

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

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42: Preventing breach of the peace, or

“Police and bystanders can step in to stop fights and arguments, and hold people who are causing trouble until the police arrive.”


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44: Suppression of riot by Police, or

“Police can use necessary force to stop a riot if they believe it's needed to prevent danger.”

Part 3 Matters of justification or excuse
Breach of the peace

43Suppression of riot

  1. Every one is justified in using such force as is necessary to suppress a riot, if the force used is not disproportionate to the danger to be apprehended from the continuance of the riot.

Compare
  • 1908 No 32 s 67