Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Procedure - Arrest

315: Arrest without warrant

You could also call this:

“Police can catch and hold someone without special permission if they're being naughty or if the police think they've been naughty.”

You can only be arrested without a warrant if this Act or another law specifically allows it. A police officer, and anyone they ask to help, can arrest you without a warrant if they find you disturbing the peace or committing a crime that can lead to prison time. They can also arrest you if they have good reason to think you’ve disturbed the peace or committed a crime that could result in prison time.

Other laws might limit when and how police can arrest someone without a warrant for specific crimes. If a law gives someone who isn’t a police officer the power to arrest without a warrant, a police officer can use that power in the same way.

This section doesn’t change anything in Part 3 of this Act, which talks about what’s justified or excused.

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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 > Criminal law
Crime and justice > Police and safety
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Part 12 Procedure
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).