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

If there’s a riot happening, the most senior police officer at the scene can use force to stop it. They can also tell other police officers to use force. The amount of force they use should match how dangerous they think the riot is. They need to believe, in good faith and with good reason, that this force is needed to stop the riot. All police officers are allowed to use this force if they’re told to by the senior officer.

When deciding how much force to use, the police officer must think about how dangerous the riot might become if it continues. They should only use as much force as they think is necessary to stop the riot, based on what they reasonably believe about the situation.

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

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

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

“Police can use force to stop a riot if they're following orders, as long as the orders aren't clearly wrong.”

Part 3 Matters 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).