What to Do If You’re Arrested in New Zealand: A Step-by-Step Guide
An arrest can feel like the ground has shifted beneath your feet—confusing, intimidating, and out of your control. Whether it happens to you or someone you care about, knowing your rights and how to respond in the moment can have a significant impact on the outcome.
At Anj Singh Law, I’ve supported hundreds of clients through the arrest and court process with calm, strategic guidance. This article is here to help you understand exactly what to do if you are arrested in New Zealand.
Step 1: Stay Calm and Composed
First and foremost: don’t panic. Being arrested does not mean you are guilty—it means you are suspected of an offence, and the police are taking you into custody for questioning or charging.
Do not resist arrest, even if you believe it’s unfair. Resisting can lead to further charges such as obstruction or assaulting police.
Keep your hands visible and avoid sudden movements.
Remain polite and respectful. This doesn’t mean you agree—it shows you’re cooperative and protects your position.
Your behaviour at the time of arrest can affect everything from how you’re treated to whether you’re granted bail.
Step 2: Know What You Must Say—And What You Don’t
Under New Zealand law, you are only legally required to give the police the following:
Your full name
Your address
Your date of birth
You do not have to answer any other questions. You have the right to silence, and it’s usually in your best interest to use it until you’ve spoken to a lawyer.
Even if you believe you can explain things or clear up a misunderstanding, anything you say can be used against you later in court. It’s easy to say something under pressure that may be taken out of context or misunderstood.
Step 3: Ask for a Lawyer Immediately
You have the right to consult a lawyer before answering any questions. You can:
Request a specific lawyer, like Anj Singh
Or ask for the Police Detention Legal Assistance (PDLA) service, which is free and available 24/7
You don’t need to wait until questioning begins—ask for legal representation as soon as you're detained. Police are required to delay questioning until you’ve had the chance to speak with a lawyer.
Step 4: Don’t Try to Explain or Justify Yourself
One of the most common mistakes people make is trying to talk their way out of arrest or explain the situation.
Even a casual or offhand comment like “I only did it because…” or “I didn’t mean to” can be interpreted as an admission of guilt. The safest approach is to:
Politely decline to answer questions
Say: “I want to speak to a lawyer before saying anything.”
This isn’t about being difficult—it’s about protecting your rights.
Step 5: What Happens After Arrest?
Once you're arrested, several things can happen:
1. You may be released without charge
If there’s insufficient evidence, or the situation is resolved quickly, the police may release you without charges.
2. You may be charged and released on bail
Police may decide to lay charges but allow you to go home with conditions to return for your court appearance.
3. You may be held in custody for court
In more serious cases, you may be held overnight or longer until a court can decide whether to release you on bail.
4. You may receive a court summons
In some instances, you’ll be asked to appear in court at a later date without being detained.
Each scenario has legal and personal consequences. This is why early legal advice is critical. At Anj Singh Law, I help clients understand what’s next, what to expect at each court stage, and how to build a defence that protects your future.
Supporting Someone Who Has Been Arrested
If a friend or family member has been arrested, the best thing you can do is remain calm and contact a criminal defence lawyer immediately. Avoid trying to coach them on what to say—simply remind them to stay silent and ask for legal representation.
Let them know that help is on the way. Then, call Anj Singh Law for fast, professional guidance.
Why Choose Anj Singh Law?
With over 22 years’ experience and recent recognition as one of NZ Lawyer’s Most Influential Lawyers (2024), I provide strategic, compassionate legal defence you can trust.
Clients choose me for:
Clear advice during high-stress situations
Strong courtroom advocacy
Personalised support tailored to each case
Proven success in negotiating fair outcomes
On Your Side When It Matters Most
An arrest doesn’t define your future—but how you respond can. Don’t leave it to chance.
If you or someone you care about has been arrested, get in touch with Anj Singh Law today. Let’s make sure your rights are protected, your voice is heard, and your defence is strong.
📞 Contact Us Now for urgent assistance.
