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Crimes Act 1961

Matters of justification or excuse - Breach of the peace

45: Suppression of riot by persons acting under lawful orders

You could also call this:

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

If there’s a riot, the most senior police officer at the scene can give orders to stop it. You can follow these orders if you’re acting in good faith, even if you’re not part of the New Zealand forces. You won’t get in trouble for using force if you truly believe it’s needed to carry out those orders. However, this only applies if the orders aren’t clearly against the law.

Whether an order is clearly against the law or not is a legal question that needs to be decided by a court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328264.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
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“Police can use necessary force to stop a riot if they believe it's needed to prevent danger.”

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46: Suppression of riot by persons without orders, or

“People can use reasonable force to stop a dangerous riot if they think the police won't arrive in time to help.”

Part 3 Matters of justification or excuse
Breach of the peace

45Suppression of riot by persons acting under lawful orders

  1. Every one, whether a member of the New Zealand forces or not, acting in good faith in obedience to orders for the suppression of any riot given by the senior constable for the time being acting at the place of the riot is justified in obeying the orders so given, unless those orders are manifestly unlawful; and is protected from criminal responsibility for using such force as he or she believes, on reasonable and probable grounds, to be necessary for carrying those orders into effect.

  2. It is a question of law whether any particular order is manifestly unlawful or not.

Compare
  • 1908 No 32 s 69
Notes
  • Section 45(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).