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Crimes Act 1961

Matters of justification or excuse - Breach of the peace

44: Suppression of riot by Police

You could also call this:

"Police can use force to stop a riot if it's necessary and not too much"

If you are a police officer and you are at a place where a riot is happening, you can use force to stop the riot. You must believe that the force you use is necessary to suppress the riot and not too much for the danger that the riot poses. You must also have good reasons for believing this. The police officer in charge at the place of the riot can order other officers to use force to stop the riot.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328263.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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43: Suppression of riot, or

"Stopping a riot with reasonable force"

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45: Suppression of riot by persons acting under lawful orders, or

"Stopping a riot: following a police officer's lawful orders to keep people safe"

Part 3Matters of justification or excuse
Breach of the peace

44Suppression of riot by Police

  1. The senior constable for the time being acting at the place of any riot is justified in using and ordering to be used, and every constable is justified in using, such force as he or she believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he or she believes, on reasonable and probable grounds, is to be apprehended from the continuance of the riot.

Compare
  • 1908 No 32 s 68
Notes
  • Section 44: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).