Summary Offences Act 1981

Search, arrest, and jurisdiction

39: Arrest

You could also call this:

"What happens when you get arrested by the police"

Illustration for Summary Offences Act 1981

You can be arrested without a warrant if a police officer thinks you have broken the law. The police officer can ask for help from other people to arrest you. You can be arrested if you do something the police officer thinks is against the law, and you won't give them your name and address, or if you give them false information. You can be arrested by a police officer if you are caught doing something against the law, like the rules in sections 17 to 20, 25, and 32 to 38. The police officer must see you doing it and you must not give them your name and address when they ask, or give them false details. If you own or live in a property and someone is breaking the law there, like the rules in sections 9 to 11, 29, and 30, you can arrest them. You must then call a police officer as soon as possible and give the arrested person to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53730.

This page was last updated on 11 December 2025 — View changes

Topics:

Crime and justice > Police and safetyCrime and justice > Criminal law

38E: Regulations, or

"Rules about Infringement Notices"

40: Jurisdiction, or

"Which court deals with breaking the rules?"

39Arrest

Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant any person whom he has good cause to suspect of having committed an offence against any of the provisions of this Act except sections 17 to 20, 25, and 32 to 38.
Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant any person who, within his view, does any act that the constable reasonably believes constitutes an offence against any of sections 17 to 20, 25, and 32 to 38 and who fails to give his name and address on demand, or gives any such particulars that the constable reasonably believes to be false.
Any person who, on or in any property of which he is the owner or occupier, finds any other person committing an offence against any of the provisions of sections 9 to 11, 29, and 30, is justified in arresting that other person without a warrant; but, if he does so, he shall as soon as practicable call a constable to his aid and deliver the arrested person into the constable's custody.

Compare

1961 No 43 s 315(2)

Notes

Section 39(2): amended, on 12 March 1987, by section 3 of the Summary Offences Amendment Act 1987 (1987 No 2).