Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Breach of the peace

46: Suppression of riot by persons without orders

You could also call this:

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

You’re allowed to use force to stop a riot if you believe it’s necessary. This applies to everyone, whether you’re in the New Zealand forces or not. You can do this if you think serious harm will happen before the police can get there. However, you must have good reasons for believing this. The amount of force you use should match the danger you think the riot poses. You need to truly believe that your actions are needed to stop the riot. Remember, your beliefs about the danger and the need for action must be based on reasonable grounds.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328265.

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

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.”

Next

47: Protection of members of New Zealand forces, or

“New Zealand soldiers must follow orders to stop riots unless the orders are clearly against the law.”

Part 3 Matters of justification or excuse
Breach of the peace

46Suppression of riot by persons without orders

  1. Every one, whether a member of the New Zealand forces or not, who believes, in good faith and on reasonable and probable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of the Police, 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 grounds, is to be apprehended from the continuance of the riot.

Compare
  • 1908 No 32 s 70