Bail Act 2000

Police bail

23: Bail and breach of protection order

You could also call this:

"Bail Rules for Breaking a Protection Order"

If you are arrested under section 113 of the Family Violence Act 2018 and charged with an offence against section 112 of that Act, you cannot be released on bail by a Police employee for 24 hours. The Police must bring you before a court as soon as possible. You can be released on bail after 24 hours if you are not brought before a court. If you are also charged with other offences from the same incident, you cannot be released on bail for those offences for 24 hours. This rule applies to offences against section 112 of the Family Violence Act 2018. After 24 hours, a Police employee can release you on bail under section 21. You will be taken to court as soon as possible. The Police have to follow the rules about bail. You have rights when you are arrested.

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This page was last updated on 8 December 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68934.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safetyFamily and relationships > Children and parentingFamily and relationships > Marriage and partnerships

22: Conditions of Police bail granted to defendant charged with family violence offence, or

"Rules for Police bail when accused of hurting a family member"

24: Failure to answer Police bail, or

"What happens if you don't show up to court after being released on Police bail?"

Part 2Police bail

23Bail and breach of protection order

If a person is arrested under section 113 of the Family Violence Act 2018 and charged with an offence against section 112 of that Act, the person must not be released on bail by a Police employee under section 21 during the 24 hours immediately following the arrest.
Nothing in subsection (1) limits or affects the obligation of the Police to bring a person who is charged with an offence before a court as soon as possible.
If a person to whom subsection (1) applies is not brought before a court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a Police employee under section 21.
If a person to whom subsection (1) applies has also been charged with 1 or more other offences arising out of the same incident, the person must not be released on bail by a Police employee under section 21 in respect of any of those offences during the 24 hours immediately following the arrest for an offence against section 112 of the Family Violence Act 2018.

Compare

1995 No 86 s 51

Notes

Section 23(1): amended, on 3 December 2018, by section 10(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).
Section 23(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 23(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 23(4): amended, on 3 December 2018, by section 10(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).
Section 23(4): amended, on 28 October 2009, by section 7 of the Bail Amendment Act 2009 (2009 No 45).
Section 23(4): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).