What Is Police Diversion in New Zealand And Can You Get It?
If you’ve been charged with a criminal offence for the first time, you may be feeling anxious about what lies ahead. Will you get a conviction? Will this affect your job, travel plans, or reputation?
The good news is that not every charge ends in a conviction. For many first-time and low-level offenders in New Zealand, police diversion may offer a second chance. It is one of the most effective ways to avoid a criminal record and move forward with your life.
At Anj Singh Law, I’ve helped numerous clients across the country access the diversion scheme often resulting in charges being withdrawn entirely. This blog explains how the diversion process works, who qualifies, and how legal advice can make all the difference.
What Is Police Diversion?
Police diversion is an alternative resolution process for certain criminal charges. It allows eligible individuals to avoid a formal court outcome by completing agreed conditions set by police. If these conditions are met, the charge is withdrawn and no conviction is entered.
The goal of diversion is to hold people accountable for their actions without permanently impacting their future, especially when the offence is relatively minor and the person has shown genuine remorse.
Who Is Eligible for Diversion?
You may be considered for diversion if:
This is your first time being charged with an offence
The offence is relatively low-level (such as shoplifting, disorderly behaviour, minor drug possession, or traffic-related offences)
You take responsibility for the offence
You are willing to complete conditions set by police (such as an apology, counselling, or community work)
Not every offence or person qualifies. More serious charges, or repeat offences, are typically excluded. However, eligibility is decided case by case, and the right lawyer can help advocate for your inclusion in the scheme.
What Conditions Are Usually Required?
Police will set conditions based on the nature of the offence and your personal circumstances. These may include:
Writing a letter of apology to the victim
Making a donation to a relevant charity
Attending drug or alcohol counselling
Completing community service or a work programme
Paying reparation or covering damage costs
Meeting with police to discuss the impact of the offence
Once all conditions are completed and signed off, police will formally withdraw the charge, and your court file will be closed.
Why Legal Advice Is Important
Diversion is not automatic. Police have full discretion over whether to offer it, and the process involves careful negotiation and presentation of your circumstances.
As your lawyer, I will:
Assess your eligibility and advise you honestly
Liaise with police prosecutors on your behalf
Prepare documents, letters, or reports to support your case
Guide you through any court appearances
Ensure all conditions are clear, achievable, and fair
Help you complete the requirements properly and on time
Sometimes, without strong advocacy, individuals are denied diversion simply because their circumstances were not clearly explained or understood. Having a lawyer can help ensure your voice is heard and your future protected.
What If You’re Not Offered Diversion?
If you’re not eligible or your application is declined, all is not lost. There may still be other options, such as:
Discharge without conviction under Section 106
Reduced charges through negotiation
Not guilty pleas where a valid defence exists
Every case has different possibilities. The earlier you speak with a lawyer, the more options you may have.
A Clean Slate Starts Here
Police diversion can be a powerful turning point a way to take responsibility, make amends, and walk away without a criminal record.
At Anj Singh Law, I bring over two decades of experience helping first-time offenders get the best outcome possible. I will stand by you, explain every step, and advocate strongly for your future.
📞 Contact Us Now if you or a family member is facing charges and want to know if diversion is possible. One conversation could change the direction of your case.
