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Crimes Act 1961

Matters of justification or excuse - Defence against assault

48: Self-defence and defence of another

You could also call this:

“You can use reasonable force to protect yourself or others if you believe it's needed.”

You are allowed to use force to defend yourself or someone else. The amount of force you can use must be reasonable based on what you believe the situation to be at the time.

This rule has one exception. It doesn’t apply in situations covered by section 37 of the End of Life Choice Act 2019. This means there are special rules about self-defence in cases related to end-of-life choices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328268.

Topics:
Crime and justice > Criminal law
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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.”

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49: Self-defence against provoked assault, or

“This law used to explain how you could defend yourself if someone attacked you after you made them angry, but it's not used anymore.”

Part 3 Matters of justification or excuse
Defence against assault

48Self-defence and defence of another

  1. Every one is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use.

  2. This section is subject to section 37 of the End of Life Choice Act 2019.

Notes
  • Section 48: replaced, on , by section 2(1) of the Crimes Amendment Act 1980 (1980 No 63).
  • Section 48(2): inserted, on , by section 41 of the End of Life Choice Act 2019 (2019 No 67).