Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Procedure - Arrest

315: Arrest without warrant

You could also call this:

"When police can arrest you without a special paper called a warrant"

Illustration for Crimes Act 1961

You can be arrested without a warrant in certain situations. You might be arrested if you are disturbing the peace or committing a crime that can be punished with imprisonment. A constable can arrest you if they think you have committed a crime or are about to commit one.

If a constable arrests you, they can take you into custody without a warrant. They can also ask for help from other people to arrest you. The constable must follow the rules set out in the law when arresting you.

There are some exceptions to these rules, which are outlined in other parts of the law, such as Part 3. These exceptions can affect how and when you can be arrested. A constable can also exercise the power to arrest you without a warrant if another officer or person has this power under a different law.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM331230.

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

314D: Offences relating to stopping vehicles under section 314B, or

"This law about getting in trouble for not stopping your car when asked was removed and is no longer used."

Next

316: Duty of persons arresting, or

"What to do when arresting someone: tell them why and show proof if needed"

Part 12Procedure
Arrest

315Arrest without warrant

  1. No one shall be arrested without warrant except pursuant to the provisions of—

  2. this Act; or
    1. some other enactment expressly giving power to arrest without warrant.

      1. Any constable, and all persons whom he or she calls to his or her assistance, may arrest and take into custody without a warrant—

      2. any person whom he or she finds disturbing the public peace or committing any offence punishable by imprisonment:
        1. any person whom he or she has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment.

                1. The foregoing provisions of this section shall be read subject to the express provisions of any enactment imposing any limitations, restrictions, or conditions on the exercise of any power to arrest without warrant conferred on any constable by that enactment in respect of any specified offence or class of offences.

                2. Where under any enactment other than this Act any officer or person, not being a constable, has power to arrest any other person without warrant, any constable may exercise that power in the same cases and in the same manner as that officer or person.

                3. Nothing in this section shall limit or affect any of the provisions of Part 3 (which relates to matters of justification or excuse).

                Compare
                • 1908 No 32 ss 358, 359, 360
                • 1927 No 35 ss 3D(2), 73
                • 1952 No 42 s 11
                • 1958 No 87 s 2(2)
                • 1960 No 119 s 2(1)
                Notes
                • Section 315(2)(a): amended, on , by section 3(5) of the Abolition of the Death Penalty Act 1989 (1989 No 119).
                • Section 315(2)(b): amended, on , by section 3(5) of the Abolition of the Death Penalty Act 1989 (1989 No 119).
                • Section 315(2)(c): repealed, on , by section 51(1) of the Summary Offences Act 1981 (1981 No 113).
                • Section 315(2)(d): repealed, on , by section 51(1) of the Summary Offences Act 1981 (1981 No 113).
                • Section 315(2)(e): repealed, on , by section 51(1) of the Summary Offences Act 1981 (1981 No 113).