Habeas Corpus Act 2001

Determination of applications

12: Power of arrest of absconder etc

You could also call this:

"Police can arrest you without a warrant if you break release conditions or try to run away"

If you have been released from detention under an interim order made under section 11, a constable can arrest you without a warrant. This can happen if the constable thinks you have run away or are about to run away to avoid going to court, or if you have not followed the conditions of your release. You will then be taken to the High Court as soon as possible. The court can cancel the interim order if it thinks you ran away, were about to run away, or did not follow the conditions of your release.

A constable can enter any premises at any time to find you, even by force if necessary, if they think you are there. If the constable is not wearing a uniform, they must show their badge or other proof of being a police officer before entering the premises if someone asks them to. This is so you know they are a real constable and have the authority to enter the premises.

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This page was last updated on 29 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91788.

Topics:

Crime and justice > Police and safetyCrime and justice > Courts and legal help

11: Interim orders for release from detention, or

"A court can temporarily release you from detention until it makes a final decision about your case."

13: Powers if person detained is young person, or

"Help for young people detained: the court looks out for your well-being if you're under 18."

12Power of arrest of absconder etc

A constable may arrest without warrant a person who has been released from detention under an interim order made under section 11 if the constable believes on reasonable grounds that—
the person released has absconded, or is about to abscond, for the purpose of evading any appearance or further appearance in court in connection with the application or the person's original detention; or
the person has failed to comply with any condition attached to the interim order.

A person who is arrested under this section must be brought before the High Court as soon as possible.
The court may revoke the interim order if it is satisfied that the person had absconded or was about to abscond or had failed to comply with a condition attached to the interim order or an undertaking to the court in reliance on which the interim order was made.
A constable may, for the purposes of this section, enter at any time onto any premises, by force if necessary, if the constable has reasonable cause to believe that the person released from detention is on those premises.
If the constable is not in uniform and a person in actual occupation of the premises requires the constable to produce evidence of his or her authority, the constable must, before entering on the premises, produce his or her badge or other evidence of membership of the Police.