Criminal Law FAQ - New Zealand

Know your rights and understand the criminal justice system

Quick Answers

  • Criminal lawyer cost: $250-$500/hour (legal aid available)
  • Right to silence: Yes - only give name and address
  • Right to lawyer: Before and during questioning
  • Drink driving (first offence): Up to $4,500 fine + 6 month disqualification

Just Been Arrested?

  1. Stay calm - don't resist or argue
  2. Ask for a lawyer - this is your right
  3. Give only your name and address - nothing else
  4. Don't answer questions - wait for legal advice
  5. Don't sign anything - until your lawyer reviews it

How much does a criminal lawyer cost in New Zealand?

Criminal lawyer fees range from $250-$500+ per hour. Costs depend on the seriousness of charges and whether you plead guilty or defend.

Typical costs:

  • Initial consultation: $150-$350
  • Drink driving (guilty plea): $2,000-$4,000
  • Minor charges (guilty plea): $1,500-$3,500
  • Defended hearing (District Court): $5,000-$15,000
  • Jury trial: $20,000-$50,000+
  • Serious charges (High Court): $50,000-$100,000+

Legal aid is available for those who qualify financially.

Can I get legal aid for criminal charges in New Zealand?

Yes, legal aid is available for criminal charges if you meet the eligibility criteria:

  • Income test: Based on your income and household size
  • Asset test: Your savings and property value
  • Merits test: Whether you have a reasonable case

Note: Legal aid is a loan. You may need to repay some costs if convicted or if your financial situation improves.

What should I do if I'm arrested in New Zealand?

Follow these steps to protect your rights:

  1. Stay calm - don't resist, argue, or try to flee
  2. Ask for a lawyer immediately - this is your fundamental right
  3. Provide only your name and address - you must give these
  4. Exercise your right to silence - say "no comment" to other questions
  5. Don't sign anything - until your lawyer has reviewed it
  6. Remember details - time, what was said, who was present

Important: Anything you say can be used against you. Even casual conversation can be evidence. Wait for your lawyer.

What happens at a bail hearing in NZ?

At a bail hearing, the court decides if you can be released before trial. The judge considers:

  • Nature and seriousness of charges
  • Risk of fleeing or not appearing at court
  • Risk of offending while on bail
  • Risk to victims, witnesses, or public
  • Your ties to the community (job, family, home)

Common bail conditions:

  • Report regularly to police
  • Curfew (e.g., home between 7pm-7am)
  • Stay away from certain people or places
  • Surrender passport
  • Live at approved address
  • No alcohol or drugs

What is the penalty for drink driving in New Zealand?

Penalties depend on blood alcohol level and your history:

First offence (over 80mg/100ml blood):

  • Fine up to $4,500
  • OR up to 3 months imprisonment
  • Minimum 6 months disqualification
  • Criminal conviction

Higher readings or repeat offences:

  • Longer disqualification periods
  • Alcohol interlock device may be required
  • Prison increasingly likely
  • Third offence: likely imprisonment

Will I get a criminal record if convicted?

Yes, a conviction creates a criminal record that can affect:

  • Employment opportunities
  • Travel to countries like USA, Australia, Canada
  • Immigration and visa applications
  • Professional licensing
  • Volunteering with children

Avoiding a record: Diversion (no conviction recorded), discharge without conviction, or acquittal at trial all avoid a criminal record.

Under the Clean Slate Act, some convictions become hidden after 7 years with no further offending (conditions apply).

What is diversion in NZ criminal law?

Diversion is an alternative to prosecution for minor first-time offences:

  • How it works: You admit responsibility, complete conditions, charges dropped
  • Conditions may include: Apology to victim, donation to charity, counselling
  • Result: No conviction, no criminal record
  • Eligibility: First offence, minor charge, police discretion

Note: Not available for serious charges, repeat offenders, or if you've had diversion before. Police make the final decision.

Can I get a discharge without conviction?

A discharge without conviction means you're found guilty but the court decides not to record a conviction. You must show:

  • Specific consequences: How a conviction will seriously affect you
  • Out of proportion: These consequences exceed what's warranted by the offence

Factors courts consider:

  • Impact on your career or professional registration
  • Impact on travel or immigration status
  • Your previous good character
  • The seriousness of the offence
  • Public interest considerations

A discharge without conviction requires strong submissions. It's not automatic.

What are my rights when questioned by police?

You have important rights when dealing with police:

  • Right to silence: You only must give name and address
  • Right to lawyer: Consult before and during questioning
  • Right to know: Why you're being detained or arrested
  • Right to fair treatment: No threats, inducements, or oppression
  • Right to caution: Police must warn anything you say may be used against you

Remember: "I wish to exercise my right to silence and I want to speak with a lawyer."

How long does a criminal case take in New Zealand?

Timeframes vary significantly based on complexity:

  • Minor charges (guilty plea): 2-4 months
  • Defended summary hearing: 6-12 months
  • Jury trial (District Court): 12-18 months
  • Serious charges (High Court): 18-24+ months

Delays can occur due to court backlogs, case complexity, or ongoing investigations. Your lawyer can advise on likely timeframes for your specific case.

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