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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:

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

If you are told to help stop a riot by a senior constable, you are allowed to follow their orders. You must be acting in good faith and think the orders are lawful. You are protected from getting in trouble for using force if you believe it is necessary to carry out the orders.

If you are given an order, you should try to follow it unless it is clearly unlawful. It is up to a court to decide if an order is manifestly unlawful or not.

You can use force to stop a riot if you think it is necessary and you are following a lawful order from a senior constable, as per the Policing Act 2008.

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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 > Police and safetyCrime and justice > Criminal law
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44: Suppression of riot by Police, or

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

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46: Suppression of riot by persons without orders, or

"Stopping a riot if you think it will cause serious harm and police are not there"

Part 3Matters 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).