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:

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

Illustration for Crimes Act 1961

If you think a riot is going to cause serious harm and the police can't get there in time, you can take action to stop it. You must believe this in good faith and have good reasons for thinking it. You can use the force you think is necessary to suppress the riot, as long as it's not too much force for the danger you think the riot poses.

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


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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"


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47: Protection of members of New Zealand forces, or

"Rules to keep New Zealand forces members safe when following orders"

Part 3Matters 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