Arrest and detention
Version : 17.0
Detailed table of contents
This chapter contains these topics:
Executive summary
Overview
• Purpose of this chapter
• Use of TENR in all arrest and detention procedures
• Prevention First responsibilities
• Related information
Arrest and detention explained
• What is arrest?
• Arrest requirements
- Words of arrest
• Detaining without arrest
- Words to convey detention
• What is arbitrary detention?
• Detaining for questioning
- Legislation allowing particulars to be obtained
• Consequences of arbitrary detention
Arresting without a warrant
• Power of arrest without a warrant
• Arrests under the Crimes Act
• Arrests under Summary Offences Act
• Arrests under Land Transport Act 1998
• Other legislation giving power of arrest
• Breaching public peace
• Good cause to suspect
• Justification for arresting without warrant
• Arresting children and young people without a warrant
Arresting with a warrant
• Warrant to arrest powers
- Other agency applications
• Who can execute an arrest warrant?
• Arrest with warrant process
- Procedures for executing fines warrants
• Prioritising apprehension following risk assessment
- Risk assessment and prioritisation procedure
• Risk to public safety
- Risk to public safety for the purposes of s75B Social Security Act
• Confirm warrant is valid
• Confirm person’s identity
• Warrants for failure to attend court: voluntary court appearances
• Legal protections
- Arresting the wrong person
- Irregularities in warrants
Requests to MSD for information or for benefits to be stopped
• Requests for information from MSD
• Effect on the benefit of a warrant to arrest beneficiary
• Criteria for Police requesting benefits be stopped
- Exceptions
- No requirement for Police to request a stop benefit
• Process for requesting MSD to stop benefits (section 75B)
• Flowchart: Warrant to Arrest, Risk to Public Safety Assessment Process
Deciding whether to arrest without a warrant
• Discretion to arrest
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 1 of 46
Arrest and detention, Continued…
Version : 17.0
• Factors to consider when deciding to arrest
- Alternatives to arrest
- When the person’s identity is in issue
• Minor offences
• Minor drug offences
• Children and young persons
• When to arrest with fines warrants
• Sole caregivers
• Conflict of interest
• Considering action after arrest
• Informing complainants if you do not arrest or charge
• Reporting
Arresting safely
• Planning arrests
- Plan for the safety of children and young people
• Getting assistance from the public
• Using restraints
- Transporting restrained prisoners
- Mentally impaired people
• Arresting in a crowd or at demonstrations
• Detaining intoxicated people
• Property on arrest
Powers associated with arrest and detention
• Introduction
• Using reasonable force to make the arrest
• Warrantless powers to enter and search when effecting arrest
• Warrantless powers of entry and search incidental to arrest or detention
• Warrantless search of arrested or detained person
• Searching people who are or are to be locked up
• For more information
Rights and duties
• Introduction
• Rights of people arrested or detained
• Arresting/ detaining officer’s duty to caution
• Chief Justice’s Practice Note on Police Questioning
• Failure to caution
Care and suicide prevention
• Police policies on care and suicide prevention
• Arresting / detaining officer’s responsibilities
• Assessment and monitoring of arrested people
Releasing arrested or detained people
• Right to be charged or released after arrest
• Release on Police bail
• Immediate release
• Irregularities in warrants or unsure whether to release?
• Update files
• Release after detention
Arresting and detaining children and young people
• Special provisions apply
• Children and young people defined
Arresting diplomatic or armed forces staff
• Arresting diplomatic staff
• Arresting armed forces staff
• Armed forces deserters and absentees
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 2 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting student loan defaulters
• Borrowers who default on loan repayments may commit an offence
• Warrants to arrest defaulting borrowers leaving New Zealand
• Powers of a court after warrant is executed
• Breaches of court orders
Citizen’s arrest
• Introduction
• When can citizens arrest or detain?
• Owner or occupier’s power of arrest
• Processing citizen’s arrests
• Protection from criminal responsibility
- Assisting Police arrest with a warrant
Fines warrants
• Introduction
• About fines warrants
• Collections Unit contact
• Fines warrant enforcement at airports
• Other operations targeting fines warrants
• To execute a fines warrant
• Check warrant not already executed
• Fines payment options
• Deciding to arrest on a fines warrant
• Receiving cash payment
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 3 of 46
Arrest and detention, Continued…
Version : 17.0
Executive summary
Key points to note in this chapter:
• You must have a legislative power to arrest or detain that person, and the arrest or
detention must be reasonable or necessary in the particular case.
• You cannot detain a person suspected of committing an offence for questioning or
while enquiries are made, unless you are acting under legislation or arrest them.
• TENR must be applied to all arrest and detention procedures.
• Every district must have a
warrant to arrest process that, irrespective of what
agency the warrant originates from, clearly:
- identifies any risk to public safety the offender may pose while at large, and
-
prioritises apprehension based on that risk, and
- ensures relevant employees are informed of the outstanding warrant, identified
risk, and apprehension priority.
•
All warrants to arrest must be assessed to determine whether the subject is
a risk to
public safety. This is based on their past or current behaviour, including the offences
for which the warrant was issued and offending while on bail. (See the standard risk
to public safety factors).
• Additional ‘risk to public safety criteria’ apply solely for the purposes of s75B of the
Social Security Act 1964. This section enables Police to request a benefit stop by MSD
when they cannot locate a beneficiary subject to an unresolved warrant to arrest and
who they consider to be a ‘risk to public safety’.
• You have a lawful power to arrest in many situations but the power is discretionary
and you must always carefully consider your decision. You should
not arrest if:
- the person can be brought before the court by way of a summons
- a warning, caution, counselling or referral to another agency in line with the
Prevention First focus would be a better resolution to the situation being dealt with.
• Force used during an arrest must be reasonable and be used only when it is not
reasonable to make the arrest in a less violent manner.
• When you arrest or detain a person you must advise them of their rights.
• Special provisions relate to the arrest and detention of children and young people.
See ‘Arresting a child or young person and explaining rights’ in the ‘Youth justice’
chapter.
• Avoid conflicts of interest —any arrest must, where practical, be carried out by a
constable with no personal involvement with the victim or offender.
• When you arrest or detain a person, you are responsible for protecting and keeping
them safe from self-harm/suicide or harm from others while in Police custody.
• Every arrested person has the right to be promptly charged and brought before a
court or released (includes release on bail or without charge).
• If you decide not to arrest or charge a person following a complaint, you should
advise the complainant clearly of the reasons for your decision.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 4 of 46
Arrest and detention, Continued…
Version : 17.0
Overview
This section contains these topics:
• Purpose of this chapter
• Use of TENR in all arrest and detention procedures
• Prevention First responsibilities
• Related information
Purpose of this chapter
This chapter details:
• the key ingredients of arrest and detention
• legislation giving Police the power to arrest a person with and without a warrant
• procedures for arresting with a warrant and for prioritising apprehension
• how to request information from MSD when arrest warrants are issued and when
requests to stop benefits can be made
• factors to consider when deciding whether to arrest without a warrant including TENR
and alternatives to arrest in line with the Police Prevention First focus
• powers associated with arrest, e.g. to use reasonable force in making the arrest or to
search the arrested person
• the rights of people who are arrested or detained and the duties of police to:
− ensure those rights are given
− protect them and keep them safe while they are in Police custody
• the role of police in executing warrants to arrest student loan defaulters
• procedures for enforcing fines warrants thereby assisting courts to hold defendants
accountable.
Use of TENR in all arrest and detention procedures
TENR (Threat, Exposure, Necessity, Response), Police’s operational threat assessment
tool, must be applied to all arrest and detention procedures. TENR supports the timely
and accurate assessment of information directly relevant to the safety of police and
others. Its overriding principle is ‘safety is success’. TENR will assist you when:
• assessing risk and prioritising apprehension on an arrest warrant, and
• deciding whether to arrest without a warrant.
Prevention First responsibilities
Prevention First requires all employees to seek prevention opportunities as part of their
day-to-day work, to reduce offending and victimisation. This includes:
• acting with urgency against priority and prolific offenders, and encouraging the use of
alternative actions to arrest when appropriate
• gathering and using intelligence and critical command information to target policing
efforts when deciding whether to arrest
• taking a holistic approach to offending and seeking out opportunities to prevent re-
offending, including leveraging off community services and networks to protect
vulnerable people, particularly repeat victims.
Related information
Other Police Manual chapters related to arrest and detention include:
• People in Police detention
• New Zealand Bill of Rights
• Use of force
• Mechanical restraints
• Searching People
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 5 of 46
Arrest and detention, Continued…
Version : 17.0
Arrest and detention explained
This section contains these topics:
• What is arrest?
• Arrest requirements
- Words of arrest
• Detaining without arrest
- Words to convey detention
• What is arbitrary detention?
• Detaining for questioning
- Legislation allowing particulars to be obtained
• Consequences of arbitrary detention
What is arrest?
Arrest is lawfully taking a person suspected of committing an offence into custody or
temporarily taking their liberty away for any of these reasons:
• safeguarding the public interest (e.g. by preventing the person committing further
offences or from destroying evidence)
• ensuring the person appears in court
• protecting the person's own interests.
To be lawful the arresting officer must have a warrant for the arrest or be acting under a
specific statutory power providing for arrest without a warrant.
Arrest requirements
When you arrest a person, you must make it clear to the person by your words and
conduct that they are being arrested and ensure the person knows they are no longer
free to go as they please.
You must...
and either...
use words of arrest
• formally touch the person being arrested (e.g. by
placing a hand on their shoulder),
or
• have the person's agreement to the arrest (e.g. they
nod or walk towards the patrol car) or their
submission to the arrest as a result of using force.
Note that other actions might be considered by a court to be arrest if they caused the
person to believe they were arrested. For example, if you:
• physically restrained the person by handcuffing or holding on to them
• put the person in a locked interview room, cell, or Police car so they could not leave.
Words of arrest
Say to the person: “You have been arrested for (give reason) ….” and then advise them
their rights as an arrested person. Use the caution printed on the insert card in your
notebook as a guide on the advice to be given.
Detaining without arrest
Some legislation allows Police to detain a person without formally arresting them so that
a legislative power can be exercised. For example, Police can detain people without
arrest:
• to search for drugs under section 20 or 22 of the Search and Surveillance Act 2012
• if they are exercising a search power in relation to a place or vehicle and need to
determine if there is a connection between a person at the place or vehicle being
searched and the object of that search (s118 Search and Surveillance Act 2012)
• for breath and blood-alcohol testing under Part 6 Land Transport Act 1998
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 6 of 46
Arrest and detention, Continued…
Version : 17.0
• for care and protection while the person is intoxicated and care cannot be provided by
taking them to their place of residence or a temporary shelter (s36 Policing Act 2008)
• to obtain identifying particulars for summons under section 33 Policing Act 2008.
As with an arrest, a detained person is deprived of their liberty and is not free to go as
they please.
Words to convey detention
If you detain a person under a legislative power, say to the person “You have been
detained for (give reason) …” and then advise them of their rights as a detained person.
Use the caution printed on the insert card in your notebook as a guide on the advice to
be given.
What is arbitrary detention?
Everyone has the right not to be arbitrarily arrested or detained (s22 New Zealand Bill of
Rights Act 1990).
Arbitrary detention is when you arrest or detain a person and:
• you do not have a legislative power to arrest or detain that person (an exception may
be a detention essential for the person’s personal safety)
• the arrest or detention is unreasonable or unnecessary in the particular case, or while
the initial detention was appropriate, the detention continued for an unnecessarily
long time.
It may also be arbitrary detention if you arrest a person when in the circumstances of
the case, the less serious option of commencing proceedings against them by way of
summons would have been a more appropriate response.
Detaining for questioning
You have no power to detain a person suspected of committing an offence for
questioning or while enquiries are made, unless you are
acting under legislation or
you arrest them. Detaining a person for questioning without their
informed consent
(given after clear advice that they do not have to stay and answer questions) and
without
lawful authority is arbitrary detention.
Refer to the ‘Children and young people’ section in the ‘Investigative interviewing
suspect guide’ for information about detaining children and young people for
questioning.
Legislation allowing particulars to be obtained
Some legislation allows people to be stopped and/or required to give particulars or
information in limited situations. For example:
• a person may be required to give their name, address and date of birth under section
269 of the Sale and Supply of Alcohol Act 2012(when you suspect the person has
committed, is committing or attempting to commit an offence against the Act)
• a vehicle's driver may be required to give their name, address and date of birth and
say whether they own the vehicle if they are stopped under section 114 Land
Transport Act 1998
• a person may be detained and required to give particulars when a constable believes
they have committed an offence and the constable intends to bring proceedings
against them by way of a summons (s33 Policing Act 2008).
You must tell the person the reason for your request for particulars.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 7 of 46
Arrest and detention, Continued…
Version : 17.0
Consequences of arbitrary detention
Arbitrarily detaining a person may result in these consequences:
• statements made by the person may be inadmissible in court
• the case against the person could be dismissed
• the arresting or detaining officer may be liable to civil litigation resulting in punitive
damages.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 8 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting without a warrant
This section contains these topics:
• Power of arrest without a warrant
• Arrests under the Crimes Act
• Arrests under Summary Offences Act
• Arrests under Land Transport Act 1998
• Other legislation giving power of arrest
• Breaching public peace
• Good cause to suspect
• Justification for arresting without warrant
• Arresting children and young people without a warrant
Power of arrest without a warrant
No one can arrest a person without a warrant except under the provisions of:
• the Crimes Act 1961, or
• some other legislation expressly giving power to arrest without warrant.
s315(1) Crimes Act 1961.
However, while constables have a power to arrest without a warrant in many situations,
less serious resolutions should always be considered when appropriate. (See ‘Deciding
whether to arrest’, in this chapter).
Arrests under the Crimes Act
Constables and anyone they call to their assistance may arrest and take a person into
custody without a warrant when they:
• find the person disturbing the public peace or committing any offence punishable by
imprisonment
• have good cause to suspect the person has committed a breach of the peace or an
offence punishable by imprisonment (e.g. excess breath/blood-alcohol driving
offences specified in Part 6 Land Transport Act 1998).
s315(2) Crimes Act
Arrests under Summary Offences Act
After section 315 Crimes Act, section 39 Summary Offences Act 1981 is the most
common enactment used by police to arrest without a warrant.
You can arrest a person without a warrant, under section 39 Summary Offences Act
1981, if you:
• have good cause to suspect the person has committed an offence against the
Summary Offences Act – except those offences described in sections 17 to 20, 25,
and 32 to 38 of the Act, or
• reasonably believe the person has committed an offence against sections 17 to 20,
25, and 32 to 38
and fails to give you their name and address when asked or gives
particulars you reasonably believe are false.
Arrests under Land Transport Act 1998
In addition to land transport offences where arrests can be made under section 315(2)
Crimes Act 1961 (e.g. excess breath/blood alcohol) you may arrest a person without a
warrant under some Land Transport Act 1998 provisions. For example:
• section 116(1) -failure to comply with directions given under section 113 (e.g. to
provide name and address and other identifying particulars when asked ) or section
115 (to prohibit driving)
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 9 of 46
Arrest and detention, Continued…
Version : 17.0
• section 120(1) - when you suspect the person has committed an offence under
sections 58 - 62 of the Act (e.g. driving under the influence of drink/drugs or causing
injury or death by carelessly using a vehicle while under the influence of drink/drugs).
For more information on Land Transport Act offences, see the ‘Road Policing’ section in
the Police Manual, including ‘Alcohol and drug impaired driving’.
Other legislation giving power of arrest
Other legislation gives constables the power to arrest without a warrant, for example:
• section 40 Arms Act 1983 when the person is in possession of a firearm, pistol, airgun
or restricted weapon and refuses to give or gives false particulars when police ask for
their name and address
• section 50 Domestic Violence Act 1995 when the person is suspected of committing a
breach of a protection order
• section 310 Immigration Act 2009 for the purpose of the turnaround or deportation of
a person.
Many powers to arrest without a warrant are restricted to particular circumstances.
Always check the relevant legislation if you are not sure.
Breaching public peace
Breaches of peace occur when these events are taking place or being threatened:
• serious disturbances or other forms of violence
• serious damage to property.
You can arrest someone under section 315(2) Crimes Act who you witness breaching the
public peace and the breach is continuing or you think it is likely to be renewed.
However, as there is no specific offence for disturbing or breaching the peace, once you
have arrested the person you need to determine what other charges, if any, should be
filed against the person.
You must decide about other charges within a reasonable time of the arrest (e.g. one or
two hours). Release the person immediately if you decide no charges will be filed.
See the ‘Public Order Policing’ chapters for more information.
Good cause to suspect
You may have gained good cause to suspect from:
• your own observations
• statements from witnesses
• admissions from the offender
• examining the scene
• forensic evidence.
Justification for arresting without warrant
Constables are justified (i.e. not guilty of an offence and not liable to civil proceedings)
in arresting a person without a warrant when they either:
• have a power to arrest the person under section 315 Crimes Act 1961 or some other
legislation, and had reasonable and probable grounds for believing the person
committed the offence, or
• found the person committing a breach of the peace or received them into their
custody from another person who they believe witnessed a breach of peace.
See sections 31 to 33 Crimes Act 1961.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 10 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting children and young people without a warrant
When arresting children and young people without warrant, section 214 of the Children,
Young Persons, and Their Families Act 1989 applies. Subject to sections 233 (relating to
breath and blood alcohol provisions in the Land Transport Act 1998) and 244 (relating to
provisions in the Immigration Act 1987), section 214 overrides any other legislation in
making such an arrest.
A constable may also arrest a child or young person (CYP) without warrant if the CYP has
been released on bail and the constable believes the CYP has breached a condition of
that bail and the CYP has on 2 or more previous occasions breached a condition of that
bail (whether or not the same condition).
(s214A)
See the ‘Youth justice’ chapter for more information on the law relating to arresting
children and young people.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 11 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting with a warrant
This section contains these topics:
• Warrant to arrest powers
- Other agency applications
• Who can execute an arrest warrant?
• Arrest with warrant process
- Procedures for executing fines warrants
• Prioritising apprehension following risk assessment
- Risk assessment and prioritisation procedure
• Risk to public safety
- Risk to public safety for the purposes of s75B Social Security Act
• Confirm warrant is valid
• Confirm person’s identity
• Warrants for failure to attend court: voluntary court appearances
• Legal protections
- Arresting the wrong person
- Irregularities in warrants
Warrant to arrest powers
In addition to powers of arrest without a warrant, courts can give Police constables
(Police) the power to arrest with a warrant.
Some examples of when courts issue arrest warrants to police are:
• for non-appearance at a court hearing
• for bail-related breaches (s37 Bail Act 2000)
• for non-payment of fines
• in lieu of a summons (in accordance with section 34 of the Criminal Procedure Act
2011, a warrant in lieu of summons is obtained by filing a charging document in
conjunction with a summons that despite reasonable efforts has been unable to be
served. Then an application is made to the court for an arrest warrant without the
defendant being present).
Other agency applications
Arrest warrants may also be issued to Police following applications to court by other
government agencies (e.g. Corrections, Community Probation and New Zealand Parole
Board).
Who can execute an arrest warrant?
Warrants to arrest may be issued to a named constable or to all constables. Regardless
of whom the warrant is issued to, any constable in uniform or who produces Police
identification, and certain authorised officers, can execute a warrant to arrest.
All constables and certain authorised officers have the same rights, powers and
authorities in relation to every warrant issued to Police.
Arrest with warrant process
This process applies to all warrants to arrest
except fines warrants, received by Police.
Step Action
1
If the warrant is issued against a Police PRN or identity number (excluding
fines warrants) Police receive an automatic alert in NIA (‘Warrant issued - not
yet received by Police’) when courts enter or modify the warrant in their
courts management system (CMS).
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 12 of 46
Arrest and detention, Continued…
Version : 17.0
2
After receiving the physical warrant from the court:
• modify the NIA alert (or enter details in an alert if the warrant is issued
against a non-Police agency)
• create a case in NIA
• follow the risk assessment and prioritisation procedure (who undertakes
this procedure may vary in each district).
3
Assign the case for the warrant to be executed.
4
Before executing the warrant, the officer:
• confirms the warrant is valid or in the case of fines warrants, has not
already been executed
• in the case of warrants issued for failure to attend court, check that the
person has not already attended court voluntarily
• confirms the person’s identity.
5
In all cases, but particularly when you consider there is a risk to public safety,
consider seeking updated information from MSD to assist in locating the
offender. (See ‘Requests to MSD for information or for benefits to be stopped’
for more information).
6
Execute the warrant.
Note: It is good practice to have the warrant in your possession before
arresting a person but not essential (s43(4) Policing Act 2008). You must
produce the warrant or a copy of the warrant at the time of the arrest or as
soon as possible afterwards, if the person asks you to (s316(2) Crimes Act
1961).
7
If you are entering premises to execute the warrant to arrest, you must:
• announce your intention to enter before entry
• identify yourself before or on entry, and
• give the occupier of the premises a copy of the warrant
(unless compliance with these requirements would endanger the safety of any
person or prejudice the successful exercise of the entry and execution of the
warrant).
s162 Criminal Procedure Act 2011)
Note: Where your risk and prioritisation assessment has identified a situation
of high risk, you should not delay executing the warrant to arrest until it is in
your physical possession.
8
After executing the warrant:
• endorse the warrant to show how it was executed, for example:
- “Executed” and “Gone to court”, or
- “Executed” and the amount paid
• sign the warrant and note the time, date, and your QID on the warrant.
9
The officer executing the warrant ensures the NIA alert is expired:
• For warrants issued against non-Police identities, the alert must be
manually expired.
• For warrants against Police identities, the alert is automatically expired in
NIA after a Courts Management System (CMS) update when the warrant is
executed, withdrawn or cancelled. However, because there is sometimes a
delay in the CMS update, you should still manually expire the NIA alert.
10
Attach the executed warrant to the prosecution file.
Procedures for executing fines warrants
If the warrant is a fines warrant, follow procedures detailed in ‘To execute a fines
warrant’.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 13 of 46
Arrest and detention, Continued…
Version : 17.0
Prioritising apprehension following risk assessment
Every district must have a streamlined warrant to arrest process that, irrespective what
agency the arrest warrant originates from,
clearly:
• identifies any risk to public safety the offender may pose while at large
• prioritises apprehension based on that risk and ensures relevant employees are
informed of the:
- outstanding warrant to arrest
- identified risk to public safety, and
- apprehension priority.
Risk assessment and prioritisation procedure
Using the TENR operational threat assessment tool, follow these steps to assess an
offender's risk and prioritise apprehension.
Step Action
1
Immediately a warrant to arrest is received, assess the threat
Assess the
posed by the offender, taking into account:
threat
• intent – the seriousness of the offence(s), including the
current charge(s) faced by the offender, where applicable,
and history of offending
• capability – e.g. is the offender actively avoiding
apprehension and/or court?
• opportunity – the likelihood of re-offending and the
offender’s proximity to the victim
• physical environment – are there problems with access to
the target location? Is the location fortified or are there
other hazards?
This may require consultation with other government agencies.
2
Assess the exposure to Police employees, Police operations and
Assess the
the public, taking into account:
exposure
• safety – whether the offender is considered to pose a risk
to public safety
• security – are your communications secured? Is there
potential to lose or damage Police equipment? Can cordons
be established and maintained to contain the offender.
3
Assess the safety and security risk and assign the file, giving
Assess the
priority to those offenders considered to pose a risk to Police or
necessity to
public safety.
act
4
While the offender is at large, ensure the assessed safety and
Develop a
security risk level and the apprehension priority is:
response
• entered as a NIA alert, and
• noted on the arrest file.
Prepare an apprehension plan where the safety and security
risk is deemed to be high.
Risk to public safety
Risk to public safety reflects the risk posed by an offender to the safety of any member
of the public. This is based on their past or current behaviour, including the offences for
which the warrant to arrest was issued and offending while on bail. It is not solely based
on the perceived potential for an offender to progress to more serious behaviour. For
example, an offender is not a risk to public safety just because they have carried out
multiple daytime burglaries on houses where nobody was home but you think that the
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 14 of 46
Arrest and detention, Continued…
Version : 17.0
next time there ‘might’ be somebody home and the offender ‘might’ react in a violent
way.
Factors to consider in assessing risk to public safety include (but are not limited to):
• current intelligence regarding the offender’s behaviour
• seriousness and number of active charges and previous convictions
• previous risk assessments undertaken including probation reports, National Offender
Prioritisation Matrix, ODARA
• offender’s association with any organised crime group, and other geographic or
criminal influence
• known or suspected use or access to weapons and/or drugs
• active NIA alerts
• in the case of charges under s56-62 of the Land Transport Act, whether the nature of
any active charge and the offender’s previous convictions give you a belief that
further offences of this nature are likely to be committed.
Risk to public safety for the purposes of s75B Social Security Act
Under section 75B(7) of the Social Security Act 1964 police may, if they consider a
beneficiary who is the subject of an unresolved warrant to arrest to be a “risk to public
safety”, and when they are unable to locate the person, request MSD to immediately
stop the person’s benefit. Note that there are several exclusions from the definition of
“beneficiary” in section 75B(2) including a “young person” under the Children, Young
Persons and Their Families Act 1989.
Note: Solely for the purpose of section 75B, MSD and Police have agreed
additional
criteria be met before a beneficiary can be considered to pose a “risk to public safety”
enabling Police to request an immediate benefit stop. (See ‘Criteria for Police requesting
benefits be stopped’). However, districts
must continue to prioritise apprehension
pursuant to a warrant to arrest
whenever the offender is considered to be a risk to
public safety, regardless of whether or not there are grounds for requesting a benefit
stop.
Confirm warrant is valid
If the warrant is a fines warrant, check warrant has not already been executed.
For all other warrants, take these steps to confirm the warrant is valid before making an
arrest.
Step Action
1
Contact the issuing court to confirm the warrant is still valid.
If the warrant was issued for failure to attend court, check also that the
person has not already attended court voluntarily and been issued with a
“Notice of hearing to withdraw an outstanding warrant to arrest”. In these
cases, the warrant should not be executed, unless there are good reasons to
do so (see ‘Warrants for failure to attend court: voluntary court appearances’
below).
2
Have the original warrant sighted and verified as valid by another Police
employee if it is not in your possession. In the normal course of events it is
good practice to have the original warrant or a copy of it in your possession
when the warrant is executed.
Note: Record in your notebook, details of any court officer, bailiff or Police
employee who confirms the warrant is valid.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 15 of 46
Arrest and detention, Continued…
Version : 17.0
Confirm person’s identity
Step Action
1
Make reasonable enquiries to ensure the person you are arresting is the
person named in the warrant. Do this by asking the person:
• for proof of identity (use passports or other suitable means to identify
people entering or leaving New Zealand)
• if they have any outstanding warrants to arrest. If the person admits to a
warrant’s existence and their failure to appear in court or pay fines, record
any admission in your notebook, and if possible, ask the offender to
endorse your notebook entry.
2
If the warrant relates to failure to appear in court, complete a NIA query to:
• check the person’s physical description against that in NIA
• confirm the charge is still active and there have been no court appearances
since the warrant was issued (check the charge and not just the alert). Be
aware however, that voluntary appearances may not be reflected in NIA. If
the person has made a voluntary appearance and is in receipt of a “Notice
of hearing to withdraw an outstanding warrant to arrest”, you should only
arrest them if there are good reasons for doing so - see below.
Warrants for failure to attend court: voluntary court appearances
Many people with warrants to arrest for failure to attend court actually turn up at court
later than the appointed time and seek to make a voluntary appearance. Courts have
introduced a new strategy for dealing with these cases, following a successful trial in
Auckland.
A court registrar, if available, will:
• include the person if possible, on the criminal list that day if one is operating, or
• where the registrar issued the warrant to arrest, withdraw the warrant to arrest and
enter a voluntary appearance.
Where the defendant is not able to have their warrant to arrest withdrawn because the
registrar who issued it is not available, or they are not able to appear before the judge
on the criminal list that day, the defendant will be issued with a “Notice of hearing to
withdraw an outstanding warrant to arrest”. This form details the new hearing date and
the fact the warrant is still active.
Police must be aware that NIA may not reflect the new court date in these
situations.
You must carefully consider whether to execute a warrant to arrest for failure to attend
court when dealing with a person who has made a voluntary appearance and is awaiting
a court appearance. In the majority of these cases, it will
not be appropriate to arrest
the person and if Police do so, there is a risk that the detention may be found to be
"arbitrary".
When checking with courts on the validity of a warrant to arrest for failure to attend,
check for voluntary appearances. If a person is in receipt of a “Notice of hearing to
withdraw an outstanding warrant to arrest”, you should only execute the warrant if there
are good reasons for doing so (e.g. if the person is engaged in criminal activity or will
clearly be unable to attend court on the noted day (e.g. because they are in Auckland
pending an appearance set for Invercargill the next day).
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 16 of 46
Arrest and detention, Continued…
Version : 17.0
Legal protections
Arresting the wrong person
If you are authorised to execute a warrant, but arrest the wrong person, you are
protected from criminal responsibility (s30(1) Crimes Act 1961). However, you must act
in good faith and have reasonable grounds for believing the person being arrested is the
person named in the warrant. This protection applies to anyone asked to assist Police
make the arrest.
Note that you are not necessarily protected from civil liability if you arrest the wrong
person.
Irregularities in warrants
If you act in accordance with the warrant, you are not responsible for any irregularity in
a warrant to arrest or lack of jurisdiction in the issuing process.
(s44(1) Policing Act 2008).
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 17 of 46
Arrest and detention, Continued…
Version : 17.0
Requests to MSD for information or for benefits to be
stopped
This section contains these topics:
• Requests for information from MSD
• Effect on the benefit of a warrant to arrest beneficiary
• Criteria for Police requesting benefits be stopped
- Exceptions
- No requirement for Police to request a stop benefit
• Process for requesting MSD to stop benefits (section 75B)
• Flowchart: Warrant to Arrest, Risk to Public Safety Assessment Process
Requests for information from MSD
If the subject of a warrant to arrest is assessed as posing a risk to public safety for the
purposes of section 75B Social Security Act, (see ‘Criteria for Police requesting benefits
be stopped’ below), follow the process for requesting MSD to stop benefits (s75B) when
requesting information to assist in locating the offender.
In
all other cases needing further information to locate an offender to execute a
warrant to arrest, request updated information from MSD using the General Warrant
Request (“GWR” – POL 4141 available in the ‘MSD Forms’ node in NIA).
If the offender is a current or former client of MSD, MSD will return the latest benefit
address and information about whether they are currently on a benefit or have been in
the past.
Note that benefits cannot be stopped under this process.
Effect on the benefit of a warrant to arrest beneficiary
Under section 75B of the Social Security Act 1964, benefit payments to beneficiaries who
have a warrant to arrest that has not been cleared after notification by Work and
Income, Ministry of Social Development (MSD) may be stopped.
Beneficiaries who have a warrant to arrest outstanding for more than 28 days will be
sent a letter by MSD advising them that they have 10 days to resolve their warrant or
their benefit will be stopped or reduced. This process is managed by Ministry of Justice
(MOJ) and MSD. Police are not involved.
Where a warrant to arrest has been issued against a beneficiary assessed by Police as
being a risk to public safety for the purposes of section 75B, Police may, following a good
faith attempt to locate the offender, request MSD to stop their benefit immediately. The
offender may then be more likely to contact MSD or Police, leading to a quicker
apprehension.
Criteria for Police requesting benefits be stopped
Guidance for when Police may request MSD to stop benefit payments to beneficiaries
under section 75B is as follows:
• the warrant to arrest has been issued in respect of:
- (i) an offence for which the maximum penalty is 3 years imprisonment or more, or
- (ii) an offence against section 194 of the Crimes Act 1961 (assault on a child, or by
a male on a female) or against section 49 of the Domestic Violence Act 1995
(contravening a protection order), or
- (iii) an offence against s56-62 of the Land Transport Act 1998 (driving under the
influence of alcohol or drugs), or
- (iv) an offence of breaching a sentence imposed as a result of committing any of (i)
to (iii) above
AND
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 18 of 46
Arrest and detention, Continued…
Version : 17.0
• the offender’s past or present conduct (including offending whilst on bail) is of a
nature that would indicate the safety of any member of the public is considered to be
at risk.
See ‘Risk to public safety’ in the ‘Warrants to arrest’ section of this chapter for factors to
consider when determining if the person is considered to be a risk to public safety.
Exceptions
Benefits cannot be stopped if the offender is under the age of 17 years.
No requirement for Police to request a stop benefit
Police are not required to request MSD to stop an offender’s benefit, even when we
consider them a risk to public safety. There may be sound operational reasons why
police want an offender to continue to receive the benefit (e.g. if there is a plan in place
to apprehend the offender on their arrival at the bank to withdraw benefit payment). You
have discretion and should use your judgement in making this determination.
Process for requesting MSD to stop benefits (section 75B)
All warrants to arrest must be assessed to determine whether the subject of the warrant
is considered to be a risk to public safety. If you consider there to be “a risk to public
safety for
the purposes of section 75B”, (see ‘Criteria for Police requesting benefits
be stopped’) follow this process to first obtain information from MSD to assist in locating
the offender and then for requesting a benefit stop.
Step Action
1
Complete a Public Safety Information Request (“PSIR” – POL 4140 available in
the ‘MSD Forms’ node in NIA) to request latest benefit address and benefit
status from MSD. No specific approval is required to submit this form. (
Note
that there is no requirement to obtain a search warrant). When “Submit” is
selected, this form will automatically be attached to an email and sent to
MSD.
MSD will carry out a data match and return information about the offender’s
current benefit address, benefit status, Social Welfare Number (SWN), bank
account and other details to the requesting officer (or alternative contact).
The person’s details in NIA should be updated with this SWN.
2
Attempt to locate the offender.
The minimum enquiries expected to be carried out before requesting a benefit
suspension are a door knock on the offender’s home or benefit, bail and work
addresses. Other enquiries to locate include but are not limited to:
• door knock on other known addresses
• family enquiries and associates
• WINZ
• Telephone Emergency Subscriber Access (TESA)
• NIA
• Utilities
• Bully Board
• Bank
• Media.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 19 of 46
Arrest and detention, Continued…
Version : 17.0
3
If the offender cannot be quickly located, complete a Stop Benefit Approval
Form (“SBAF” – POL 4145 available in the ‘MSD Forms’ node in NIA) and
obtain approval from the
District Prevention Manager. If the DPM is
unavailable, obtain approval from another constable of or above the position
level of Inspector.
Obtain approval by generating a SBAF (POL 4145 available in the ‘MSD Forms’
node in NIA). A NIA task is automatically created for the approver. Let them
know via email or phone call, that you have created a task for them.
4
The Prevention Manager (or other employee tasked) must:
• check that the risk to public safety assessment for the purposes of section
75B has been correctly applied and that sufficient steps have been taken to
attempt to locate the offender. This should all be recorded on the request.
• provide their approval (or decline) via the NIA task. There is
no automated
process for the approver to directly advise the requestor that the SBAF is
approved or declined. It will show as “Approved” in the Alert window. This
should be either communicated by email or phone call.
Note: The task must be completed by the approving officer within 24 hours or
it will become overdue.
5
When the Stop Benefit Approval has been obtained, complete a Stop Benefit
Request (POL 4146 – available in the ‘MSD Forms’ node in NIA).
When “Submit” is selected, this form will automatically be attached to an
email and sent to MSD.
6
MSD will confirm that action has been taken and the benefit stopped. They
will also provide further updates if information comes to light, such as MSD
contact with the beneficiary etc.
If you receive address information that is more current than what is held in
NIA, you should update NIA to reflect this.
7
The onus is on the beneficiary to show MSD that the warrant to arrest has
been cleared in order to have their benefit reinstated. When the offender is
apprehended or they make a voluntary appearance at court, they will receive
a new bail notice. This is their evidence to provide to MSD to show that the
warrant has been cleared. Police are not required to notify MSD when a
warrant to arrest has been executed that relates to an individual who is a risk
to public safety.
Download a step-by-step guide on how to use the NIA process to request benefit stops
for warrants to arrest flagged as “Assessed risk to public safety” and information from
MSD for general warrant requests.
Flowchart: Warrant to Arrest, Risk to Public Safety Assessment Process
Download the Warrant to Arrest, Risk to Public Safety Assessment Process flowchart
which demonstrates the process agreed with MSD for seeking information about the
status of beneficiaries subject to warrants to arrest and for requesting benefit stops.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 20 of 46
Arrest and detention, Continued…
Version : 17.0
Deciding whether to arrest without a warrant
This section contains these topics:
• Discretion to arrest
• Factors to consider when deciding to arrest
- Alternatives to arrest
- When the person’s identity is in issue
• Minor offences
• Minor drug offences
• Children and young persons
• When to arrest with fines warrants
• Sole caregivers
• Conflict of interest
• Considering action after arrest
• Informing complainants if you do not arrest or charge
• Reporting
Discretion to arrest
You have a lawful power to arrest a person in many situations. However, the power to
arrest a person is discretionary and you must always carefully consider your decision.
Remember the Prevention First strategy to focus on priority and prolific offenders, and
maximise the use of Police discretion and alternative resolutions in appropriate
circumstances. Keep in mind the requirement to take a holistic approach to offending
patterns and look for opportunities to prevent re-offending through referrals to partner
agencies.
Factors to consider when deciding to arrest
When you arrest a person, you must be able to justify your action by showing you
thoroughly assessed the situation. Use the TENR operational threat assessment tool
when considering whether or not to arrest a person and include the following factors:
Step Action
1
Assess the threat, taking into account:
Assess the
• the nature and seriousness of the offence
threat
• intent – the likelihood of the person destroying or disposing of
evidence
• the likelihood of the person warning accomplices; and interfering with
or intimidating witnesses
• capability – the likelihood of further offences being committed if the
offender is not arrested
• opportunity – whether the person is likely to abscond to avoid court,
e.g. is there a history of failure to appear at court?
• physical environment – are there problems with access to the target
location? Is the location fortified or are there other hazards?
2
Assess the exposure, taking into account:
Assess the
• safety – Police and public safety
exposure
• whether arrest will safeguard the person’s wellbeing and interests,
e.g. is there a risk of retaliation or intimidation by co-offenders?
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 21 of 46
Arrest and detention, Continued…
Version : 17.0
3
Assess the necessity to act, taking into account:
Assess the
• the nature and seriousness of the offence. The less serious the
necessity to
offence, the less justification for arrest and the more likelihood that
act
an alternative action would be a better case resolution option
• whether an arrest is necessary to stop the offence
• the person’s social and family circumstances, and criminal history.
Are there alternatives to arresting the person, e.g. health
professionals, family or community support groups?
• if there is sufficient evidence of an offence, suspects responsible for
family violence related offences or breaches of protection orders
should, except in exceptional circumstances, be arrested. See
‘Deciding whether to arrest’ in the ‘Family violence policy and
procedures’.
4
Develop a response, taking into account whether:
Develop a
• this is a situation where:
response
- a more detailed investigation into the threat environment is
required before acting?
- prompt action is required to prevent further loss of life or injury?
• there are sufficient Police resources and assets available to safely
effect the arrest?
Alternatives to arrest
Arresting a person and depriving them of their liberty is a serious act. After considering
the factors above, consider whether arrest is necessary and the best response to take in
the particular situation.
You should
not arrest a person if:
• they can be brought before the court by way of a summons (written notice to a
person that court action has been started against them and that they are required to
appear and answer the complaint or respond in writing to the complaint). If the
offence is not punishable by imprisonment and there are no or insufficient aggravating
factors, summons is more likely to be the better way of commencing prosecution
• a warning, caution, counselling or referral to another agency in line with the
Prevention First focus would be a better resolution to the situation being dealt with.
Refer to the ‘Youth justice’ chapter of the Police Manual for information about restrictions
on and alternatives to arresting children and young people.
When the person’s identity is in issue
If a person’s identity is in issue, consider whether taking identifying particulars under
section 33 Policing Act 2008 and proceeding by way of summons would be more
appropriate, than the more serious response of arrest. A desire to use section 32 to
obtain a person’s fingerprints /photographs for evidentiary purposes is not sufficient
reason alone to arrest.
Minor offences
Arresting people is not encouraged and may not be necessary for:
• minor behaviour offences not involving or likely to lead to violence against people or
property (particularly if the offender stops when asked)
• language offences where the only person who heard the language was a Police
employee.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 22 of 46
Arrest and detention, Continued…
Version : 17.0
Minor drug offences
The discretion to arrest for minor drug offences is the same as for other offending.
Provided the offending does not involve drug dealing, the primary aim should be the
person’s rehabilitation.
Children and young persons
Refer to the Arresting a child or young person and explaining rights in the ‘Youth justice’
Police manual chapter for information about restrictions on and alternatives to arresting
children and young people.
When to arrest with fines warrants
See ‘Deciding whether or not to arrest’ under fines warrants.
Sole caregivers
If you have to arrest the sole caregiver of a young child, first make suitable temporary
arrangements for the child’s care.
If no suitable caregiver is available within the child’s family, arrange help through
Children, Young Persons and their Families Service or community agencies such as:
• church or cultural groups
• Prison Fellowship or the Prisoner’s Aid and Rehabilitation Society
• Maori Women’s Welfare League.
Conflict of interest
Always act to avoid allegations that the power of arrest was used to resolve a private
matter. If the victim or offender is a relative, friend or Police employee, any related
arrest or investigation must, where practical, be carried out by an employee with no
personal involvement.
Report the arrest to your supervising officer immediately whenever it may appear you
have an interest in the case. The supervising officer must review the arrest to confirm it
is lawful and if the case should proceed.
For more detailed information see the ‘Managing conflicts of interest’ chapter in the
Police Manual.
Considering action after arrest
Arrest does not of itself require a prosecution. Many minor offenders may be eligible for
pre-charge warnings and in some cases no further action may be required.
As part of your ongoing review of the case, you must consider the sufficiency of the
evidence available, the likelihood of conviction and whether prosecution is in the public
interest in the circumstances of the case. (See the ‘Solicitor-General’s Prosecution
Guidelines’ for information about the tests for prosecutions).
So long as you had good cause to suspect the person had committed an offence, a
decision not to prosecute (or to discontinue a prosecution) should not of itself affect the
validity of the arrest.
Informing complainants if you do not arrest or charge
If you decide not to arrest or charge a person following a complaint, you should advise
the complainant clearly of the reasons for your decision. Just saying that “no further
Police action will be taken” is not acceptable.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 23 of 46
Arrest and detention, Continued…
Version : 17.0
Where you intend to summons instead of arrest, this should be explained to the
complainant.
Reporting
Regardless of whether a decision has been made to arrest or not, it is important to
capture relevant information in NIA to ensure that an accurate up to date intelligence
picture is maintained for critical command information. For recording and reporting
obligations, see: ‘National Recording Standard’.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 24 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting safely
This section contains these topics:
• Planning arrests
- Plan for the safety of children and young people
• Getting assistance from the public
• Using restraints
- Transporting restrained prisoners
- Mentally impaired people
• Arresting in a crowd or at demonstrations
• Detaining intoxicated people
• Property on arrest
Planning arrests
Unless you are forced to act immediately in a situation, take time to plan your arrest and
organise any necessary back up. Take steps to ensure:
• the safe and humane arrest of the offender
• your own safety and that of colleagues or other people who may be assisting you
(e.g. inform the Communications Centre where you are and what is happening).
Plan for the safety of children and young people
By virtue of their age, children and young people are vulnerable. Their safety and well-
being must be considered and planned for to ensure they are not unnecessarily exposed
to harm or trauma.
Assign a dedicated person to be responsible for ensuring that Police care and protection
duties to children or young people are met if:
• children or young people are present when any person is arrested or detained, or
• a person being arrested or detained has responsibilities for the care and protection of
any child or young person.
(See the ‘Community Impact Assessment’ chapter for further guidance on planning for
events involving vulnerable people including children and young people).
Getting assistance from the public
If you are unable to get help from another Police employee and yours or anyone else’s
safety is at risk, consider asking a member of the public over the age of 18-years to help
you:
• apprehend or secure the person
• transport a person in your charge to a Police station or other place.
However, while it is an offence for the person to fail to help when asked (s51 Policing Act
2008) remember you cannot always rely on the support of the public in risky situations.
Using restraints
The use of restraints is a use of force. When deciding whether to use restraints while
arresting a person, you must consider whether the use of force is justifiable
and what
level of force, if any, is necessary and proportionate, given all the circumstances known
at the time.
Use the TENR operational threat assessment tool (Threat Exposure Necessity Response)
to determine your perceived cumulative assessment (PCA). If this assessment requires
you to use restraints, you
must act in accordance with the law, the Tactical Options
Framework (see ‘Use of force’), the ‘Mechanical restraints’ chapter and other PITT
policies and procedures.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 25 of 46
Arrest and detention, Continued…
Version : 17.0
For example, you should consider:
• the nature of the charge or reason for detention
• the likelihood of the person trying to escape
• the ability of Police to apprehend the person should they abscond
• Police and public safety
• the person’s criminal history, if known
• whether the person is behaving in a manner that suggests they may be dangerous to
Police or the public
• whether the circumstances of the arrest suggest a situation of some risk.
In trying to manage the identified risks, ask:
• What is the most appropriate form of mechanical restraint?
• Can I safely apply the mechanical restraint in the situation?
• Am I legally justified in using force to apply the restraint? If so, is the force to be used
reasonable, necessary and proportionate, given all the circumstances known. See
‘Tactical Options Framework’ in the ‘Use of force’ chapter.
For more information see the ‘TENR-Operational threat assessment’ and the ‘Mechanical
restraints’ chapter.
Transporting restrained prisoners
A restrained prisoner
must not be transported in the same compartment with
unrestrained prisoners. The other prisoners can be restrained for the safety of the
restrained prisoner if operationally necessary.
For more information about restraints and when to use them, see ‘Use of Force’ in the
Police Manual.
Mentally impaired people
Mentally impaired people (includes those with intellectual disability, brain damage or
mental disorder) often:
• have little or no control over their behaviour
• act unpredictably
• demonstrate bizarre or violent behaviour.
Be careful when applying restraints to mentally impaired people as some do not feel pain
and may be permanently injured trying to free themselves.
If possible, give the person time to calm down and remove anything that might upset
them. Get someone the person trusts to help. In some situations this may mean you
arrest the person without using restraints.
For more information see ‘People with mental impairments’ in the Police Manual.
Arresting in a crowd or at demonstrations
Making arrests in a crowd may expose you or others to danger and initiate further
disorder or violence.
You should only arrest in a crowd when:
• there is no reasonable alternative, and
• the arrest can be done without causing greater disorder.
Where practical, obtain a supervisor’s approval before making arrests in a crowd.
For more information about arresting in crowds or at demonstrations, see the ‘Public
Order Policing’ chapters in the Police Manual.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 26 of 46
Arrest and detention, Continued…
Version : 17.0
Detaining intoxicated people
Section 36 of the Policing Act 2008 sets out the circumstances in which Police can detain
an intoxicated person for care and protection.
For more information about detaining intoxicated people see the ‘Alcoholism and Drug
Addiction’ chapter in the Police Manual.
Property on arrest
When arresting a person with or without a warrant, do your best to minimise the
property or belongings that are brought into the station with them. (See ‘Detainees’
property’ in the ‘People in Police detention’ chapter).
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 27 of 46
Arrest and detention, Continued…
Version : 17.0
Powers associated with arrest and detention
This section contains these topics:
• Introduction
• Using reasonable force to make the arrest
• Warrantless powers to enter and search when effecting arrest
• Warrantless powers of entry and search incidental to arrest or detention
• Warrantless search of arrested or detained person
• Searching people who are or are to be locked up
• For more information
Introduction
If you have a power of arrest (with or without a warrant) you have other associated
powers. They include the power to:
• use reasonable force making the arrest
• enter premises to carry out the arrest
• stop and search vehicles in limited situations
• exercise warrantless search powers after arrest
• search and seize items being carried or in the person's possession or control.
Using reasonable force to make the arrest
If you are justified or protected from criminal responsibility when making (or assisting)
an arrest, you are also justified in using any necessary force to make the arrest. The
force used must be reasonable and can only be used when it is not reasonable to make
the arrest in a less violent manner. Use the TENR operational threat assessment tool to
determine your Perceived Cumulative Assessment (PCA). See ‘Tactical Options
Framework’ in the ‘Use of force’ chapter.
Having considered TENR and determined your PCA, if this assessment requires you to
use force, you must act in accordance with the law and the Tactical Options Framework.
For more information, see ‘Use of force’ and ‘TENR-Operational threat assessment’ in the
Police Manual.
Warrantless powers to enter and search when effecting arrest
Entry without warrant to arrest person unlawfully at large
You may enter a place or vehicle without a warrant, by force if necessary, to search for
and arrest a person if you have reasonable grounds to:
• suspect that a person is unlawfully at large,
and
• believe that the person is there.
(s7 Search and Surveillance Act 2012)
Note: ‘Unlawfully at large’ is defined in section 3 of the Search and Surveillance Act and
includes a number of scenarios, e.g. when a warrant to arrest the person (excluding
fines warrants) is in force, or the person has escaped from lawful custody.
Entry without warrant to arrest person suspected of having committed an
offence
You may enter a place or vehicle without a warrant and search for and arrest a person
who you:
• suspect has committed an offence punishable by imprisonment,
and
• believe is there,
and
• believe that, if entry is not affected immediately,
either or both of the following
may
occur:
• the person will leave the place or vehicle to avoid arrest
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 28 of 46
Arrest and detention, Continued…
Version : 17.0
• evidential material relating to the offence for which the person is to be arrested will
be concealed, altered, damaged or destroyed.
(s8 Search and Surveillance Act 2012)
Stopping a vehicle without warrant to arrest a person
You may stop a vehicle without a warrant to arrest a person you have reasonable
grounds to believe is in or on the vehicle, and who you suspect:
• is unlawfully at large, or
• has committed an offence punishable by imprisonment.
(s9 Search and Surveillance Act 2012)
Your powers and duties after vehicle stopped
If you exercise the stopping power under section 9 you may:
• require any person in or on the vehicle to supply all or any of their name, address,
other contact details and date of birth, if you have reasonable grounds to suspect
they:
• are unlawfully at large, or
• have committed an offence punishable by imprisonment
• search the vehicle to locate the:
• person the vehicle was stopped for if you have reasonable grounds to believe they
are in or on the vehicle
• evidential material in relation to any offence in respect of which the vehicle was
stopped, if the person sought has been arrested or is seen fleeing the vehicle
before they can be arrested.
(s10 Search and Surveillance Act 2012)
Note: Before searching for evidential material, you must tell the driver the object of
your search if they are not the person you stopped the vehicle to arrest.
Warrantless powers of entry and search incidental to arrest or detention
Searching places after arrest
If you have arrested a person for an offence:
and have reasonable grounds to...
you may…
believe that:
enter the place to search for evidential
• evidential material relating to the
material relating to the offence (whether
offence is at a place,
and
or not the person was arrested there)
• if entry is delayed to obtain a warrant,
without a warrant.
evidential material will be concealed,
altered, damaged or destroyed (CADD)
(s83)
Note: This search power may only be used by the person making the arrest. The power
cannot be delegated to another constable for any reason (e.g. while the arresting
constable is processing/interviewing the arrested person). However, other officers can
assist the constable at the search scene.
Searching vehicles after arrest
If you have arrested a person:
and have reasonable grounds to…
you may...
believe that evidential material relating
enter and search that vehicle without
to the offence for which they were
warrant.
arrested is in a vehicle
(s84)
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 29 of 46
Arrest and detention, Continued…
Version : 17.0
Note: This search power may only be used by the person making the arrest. The power
cannot be delegated to another constable for any reason (e.g. while the arresting
constable is processing/interviewing the arrested person). However, other officers can
assist the constable at the search scene.
Producing evidence of your authority
When you exercise a power to enter and search a place or vehicle you must:
• announce your intention to enter and search under a statutory power
• identify yourself (by name or unique identifier)
• if not in Police uniform, produce evidence of your identity, and
• provide evidence of your authority (search warrant or warrantless power)
(unless compliance is not required in the particular circumstances - see the chapter
‘Carrying out search powers with or without a warrant’ for more information).
(s131 Search and Surveillance Act 2012)
Warrantless search of arrested or detained person
You may search an arrested or detained person if you have reasonable grounds to
believe that there is any thing on or carried by the person that:
• may be used to:
- harm any person (including themselves), or
- facilitate the person's escape, or
• is evidential material relating to the offence for which the arrest was made or the
person detained.
(s88)
Searching and seizing items being worn or carried
When searching an arrested or detained person, you may also:
• search any item:
- the person is wearing or carrying, or
- that is in their physical possession or immediate control, and
• seize any thing in the person's physical possession or immediate control if that thing:
- is the subject of your search, or
- may lawfully be seized.
(s125(1)(i) & (j) Search and Surveillance Act 2012)
Searching people who are or are to be locked up
You may search an arrested or detained person who is or is to be locked up in Police
custody, using reasonable force if necessary, and take from them all money and
property found during the search.
(s11 Search and Surveillance Act 2012)
Note:
• Section 11 limits the number of (custodial) searches that can be carried out to one
search, unless one of the exceptions under subsection 3 exists.
• You should avoid conducting a custodial search at the scene and interview room, and
instead conduct the section 11 search when the person arrives at the watch house.
For more information
For more information about your powers to search:
•
places, vehicles and things, see ‘Warrantless powers to search places, vehicles and
things’ in the Police Manual
•
people and the rules applying to searches, see the ‘Searching people’ chapter,
particularly the section on ‘Searches of arrested or detained people’. (This section
provides guidance on choosing which search provision to use having regard to the
limitations on the timing of searches).
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 30 of 46
Arrest and detention, Continued…
Version : 17.0
Rights and duties
This section contains these topics:
• Introduction
• Rights of people arrested or detained
• Arresting/ detaining officer's duty to caution
• Chief Justice's Practice Note on Police Questioning
• Failure to caution
Introduction
This topic outlines:
• the rights of people who are arrested or detained, and
• the duties of Police to ensure people are given their rights when arrested or detained.
Arrested people have the same rights and you have the same duties regardless of
whether the person is detained or arrested with or without a warrant.
Rights of people arrested or detained
Under section 23 New Zealand Bill of Rights Act 1990, people who are arrested or
detained under legislation have the rights to:
• be informed of the reason for arrest or detention at the time of their arrest or
detention
• consult and instruct a lawyer without delay and to be told of that right
• have the arrest or detention’s validity determined and to be released if it is not lawful
• be charged promptly or released
• be brought before a court or tribunal as soon as possible
• refrain from making any statement and to be informed of that right
• be treated with humanity and respect.
For more information see ‘New Zealand Bill of Rights’ in the Police Manual.
Arresting/ detaining officer’s duty to caution
When you arrest or detain a person or wish to question someone when there is sufficient
evidence to charge them with an offence, you must advise the person of their rights
using the cautions for adults and children/young people detailed on the insert card in
your notebook.
Chief Justice’s Practice Note on Police Questioning
The cautions given to anyone you arrest or detain or who you want to question where
there is sufficient evidence to charge that person with an offence are outlined in the
Chief Justice’s Practice Note on Police Questioning issued under section 30(6) Evidence
Act 2006. The practice note provides guidance on Police questioning and supplements
other enactments, e.g. New Zealand Bill of Rights Act 1990, relating to police
questioning.
Failure to caution
Failure to advise an arrested or detained person of their rights using the correct caution
may result in:
• a finding that evidence was improperly obtained and exclusion of the evidence
• the case against the person being dismissed.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 31 of 46
Arrest and detention, Continued…
Version : 17.0
Care and suicide prevention
This section contains these topics:
• Police policies on care and suicide prevention
• Arresting / detaining officer’s responsibilities
• Assessment and monitoring of arrested people
Police policies on care and suicide prevention
This topic provides an
overview only of the Police responsibilities and suicide
prevention practice in the context of initial arrest and detention.
You
must know and refer to Police policies on care and suicide prevention detailed in the
‘People in Police detention’ chapter including:
• evaluation and monitoring of people in Police custody
• assessment of risk
• observing people at risk
• health, safety and management plans
• transporting people at risk.
See in particular the section ‘Procedures for officers who arrest and detain’ in the ‘People
in Police detention’ chapter.
Arresting / detaining officer’s responsibilities
When you arrest or detain a person, you have a responsibility to protect that person and
keep them safe from self-harm and/or suicide or harm from others (e.g. other prisoners)
while they are in Police custody.
Your responsibility starts from the moment you arrest or detain the person at the
incident scene or elsewhere, continues whilst transporting to a police station and during
processing. Your responsibility does not end until you transfer the person into someone
else’s custody, (e.g. a custody officer) or the person is released.
Your responsibility derives from the common law, legislation, and is detailed in Police
policies and procedures. You must avoid acts or omissions that are unlawful and work
within any relevant legal framework.
Failure in exercising your responsibility could result in criminal charges or disciplinary
action under the Code of Conduct for negligence or carelessness in the performance of
your duty.
Gathering health and safety information
When you arrest or detain a person:
• be alert for information and make enquiries from the person, their friends and family
to ascertain if there are any factors suggesting the person might need special care, or
could harm themselves or commit suicide while in Police custody
• take steps to manage any concerns or identified risks while transporting the person or
while the person is in your care
• ensure any information you gather about the person that might be relevant to their
care and safety is recorded in your notebook and passed on to the watchhouse
keeper, person in charge of the station or any other employees taking over
responsibility for the person's custody.
Assessment and monitoring of arrested people
Anyone arrested or detained in Police custody must be continually assessed and
monitored to determine:
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 32 of 46
Arrest and detention, Continued…
Version : 17.0
• their physical and mental health, particularly whether they have any medical condition
or warning signs indicating suicidal tendencies or risks of self-harm
• the level of threat the person may pose to Police employees or other people in
custody
• any risk posed to them by other people in custody (e.g. because of the nature of the
charge against them or their sexual orientation, affiliations or vulnerability to
intimidation)
• any other risk that may arise from being in custody.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 33 of 46
Arrest and detention, Continued…
Version : 17.0
Releasing arrested or detained people
This section contains these topics:
• Right to be charged or released after arrest
• Release on Police bail
• Immediate release
• Irregularities in warrants or unsure whether to release?
• Update files
• Release after detention
Right to be charged or released after arrest
Every arrested person has the right to be promptly charged and brought before a court
or released (s23 New Zealand Bill of Rights Act 1990). Release includes release on bail
or without charge (you do not have to charge everyone you arrest). Also, it may be that
an arrested person can be considered for a pre-charge warning, if relevant criteria are
met).
What is prompt?
The person does not have to be taken immediately or directly to a Police station or
before a judge. You can first take reasonable steps to investigate the matter, e.g. ask
them to:
• help with the enquiry, e.g. by recovering property or identifying premises
• accompany you while you execute a search warrant or check an alibi.
What is reasonable?
What is reasonable will depend on the circumstances, e.g. it is not reasonable to charge
a person with receiving and then keep them in custody while investigating a possible
charge of robbery.
Release on Police bail
Police may bail a person under section 21 Bail Act 2000 who:
• is charged with an offence (but not one to which section 9, 9A, 10, 12, 16, or 17A of
the Bail Act applies – only a court can grant bail in these cases), and
• has been arrested without warrant, and
• cannot practicably be brought immediately before a court.
You must have approval from the officer in charge of the watchhouse before releasing a
person on Police bail. (See ‘Bail’ in the Police Manual for more information about when
Police can and should grant bail).
Immediate release
You must release a person immediately if:
• you discover there was no power to arrest
• there is no longer reason to believe the person committed the offence
• you believe the detention is no longer justified for whatever reason
• the person is arrested on a charge that does not proceed
• the person is found not to be the person named in the warrant.
You can still take action against a person by way of a summons if they are released
because there was no power to arrest them.
Irregularities in warrants or unsure whether to release?
If there is an irregularity in a warrant, it was issued on false information, or you have
any other concerns about the warrant, it should
not be executed and leave of the
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 34 of 46
Arrest and detention, Continued…
Version : 17.0
District Court Judge, Justice or Community Magistrate should be sought to have the
warrant withdrawn or reissued.
Once a warrant is executed, always seek advice from your supervisor, who will
consult with legal staff if necessary, if you have any doubts about whether or not an
arrested person should be released.
Police must be careful not to hold people when we shouldn’t as it opens Police up to a
civil claim. Insofar as ‘false information’ is concerned, a relevant situation could be one
where an offender has used a false name and subsequently fails to appear in court. A
warrant is then issued in the name of the innocent person and we arrest that person
under the warrant (their innocence having been verified through fingerprints and/or
photographs). If this occurs, we should release the person immediately.
Release after detention
A person is free to go as soon as the purpose of a detention has been fulfilled, unless
you decide to then arrest the person.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 35 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting and detaining children and young people
This section contains these topics:
• Special provisions apply
• Children and young people defined
Special provisions apply
There are a number of legislative and policy requirements relating to the arrest and
detention of children and young people. Prevention First, the Police operating strategy,
requires that youth offenders are responded to and dealt with swiftly. The strategy also
encourages the use of alternative actions.
For detailed information about when children and young people may be arrested, the use
of warnings and other alternative actions, interviewing and prosecuting young people,
and notifying guardians or nominated persons see:
• the ‘Youth justice’ chapter
• the ‘Children and young persons’ section of the ‘Investigative interviewing witnesses
guide’ and ‘Investigative interviewing suspects guide’.
Children and young people defined
These definitions from section 2 Children, Young Persons and their Families Act 1989
apply.
Term
Means a boy or girl
Child
under the age of 14 years
Young person
of or over the age of 14 years but under 17 years. It does not
include a person who is or has been married or in a civil
union.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 36 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting diplomatic or armed forces staff
This section contains these topics:
• Arresting diplomatic staff
• Arresting armed forces staff
• Armed forces deserters and absentees
Arresting diplomatic staff
Diplomatic or consular representatives of other countries may be afforded special
privileges and immunities in respect of criminal acts. In some situations they may not be
arrested or detained.
For more information about arresting diplomatic staff see the ‘Diplomatic and consular
privileges and immunities’ chapter.
Arresting armed forces staff
If you arrest or summons an armed forces staff member (except civilian members)
advise the person’s commanding officer or another responsible officer as soon as
practical of:
• the arrest and nature of the charge
• time and place of the hearing.
Armed forces deserters and absentees
New Zealand Defence Force (NZDF) is responsible for obtaining warrants to arrest staff
who are deserters or are absent without leave. Police assist NZDF to execute arrest
warrants and may enter a person alert into NIA.
If Police execute an arrest warrant relating to a deserter, you must:
• advise the nearest NZDF establishment, so they can make arrangements to collect the
person
• complete any requested NZDF arrest paperwork needed for prosecution. NZDF will
provide papers.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 37 of 46
Arrest and detention, Continued…
Version : 17.0
Arresting student loan defaulters
This section contains these topics:
• Borrowers who default on loan repayments may commit an offence
• Warrants to arrest defaulting borrowers leaving New Zealand
• Powers of a court after warrant is executed
• Breaches of court orders
Borrowers who default on loan repayments may commit an offence
Under section 162A of the Student Loan Scheme Act 2011, it is an offence for a borrower
living overseas who:
• is in default of their student loan repayment obligation, and
• has been notified of this by Inland Revenue
to refuse to pay or make reasonable efforts to pay.
The offence is punishable by a fine not exceeding $2000.
Warrants to arrest defaulting borrowers leaving New Zealand
The District Court may to issue an arrest warrant under section 162B if satisfied that a
person has committed an offence against section 162A
and is about to leave New
Zealand.
The role of police
While it is Inland Revenue’s role to apply for an arrest warrant under section 162B, only
a constable can execute the arrest warrant.
Any prosecution is the responsibility of Inland Revenue and they must file the charging
document and prosecute the case.
Powers of a court after warrant is executed
Upon execution of the warrant, the liable person must be brought before a District Court
as soon as possible.
If the Court is satisfied the person is about to leave or attempt to leave New Zealand
without making arrangements to pay the amount in default, the court may order the
person to:
• pay the amount in default or make arrangements with Inland Revenue to pay
• give such security (including the provision of sureties) for the payment of the liability
as the court specifies
• not leave New Zealand without the court’s written permission
• surrender to the court travel documents or tickets in their possession
• provide the court with any information the court thinks appropriate.
(s162B(2)
Breaches of court orders
If there is an order in place requiring a person to remain in New Zealand or to surrender
travel documents, and that person leaves New Zealand, or attempts, or does an act with
the intent, to leave New Zealand, they commit an offence.
The offence is punishable by imprisonment for a term not exceeding 3 months or to a
fine not exceeding $2,000. Inland Revenue is responsible for filing any charging
document for this offence and prosecuting the case.
(s162B(5))
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 38 of 46
Arrest and detention, Continued…
Version : 17.0
Note: No offence is committed if, at the time of the person’s actions, they were no
longer in default of their overseas-based repayment obligations.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 39 of 46
Arrest and detention, Continued…
Version : 17.0
Citizen’s arrest
This section contains these topics:
• Introduction
• When can citizens arrest or detain?
• Owner or occupier's power of arrest
• Processing citizen's arrests
• Protection from criminal responsibility
- Assisting police arrest with a warrant
Introduction
Everyone has the power of arrest without a warrant in certain circumstances. This
section lists some of the more common powers of citizen’s arrest.
When can citizens arrest or detain?
Anyone is justified in arresting a person without a warrant (under s35 Crimes Act 1961)
if they find them committing an offence:
• punishable by more than three years in prison, or
• against the Crimes Act at night (21.00 to 06.00 hours).
A person may also be justified in arresting an offender they have reasonable grounds to
believe has committed an offence under section 37.
Anyone who witnesses a breach of the peace can intervene to prevent the breach
continuing, and detain the person until they can be placed in Police custody.
(s42 Crimes Act 1961)
Owner or occupier’s power of arrest
Property owners or occupiers can, without a warrant, arrest any person they find on or in
their property committing an offence against any of these Summary Offences Act 1981
provisions:
• section 9 common assault
• section 10 assault on a Police, prison or traffic officer
• section 11 wilful damage to property
• section 29 being found on property without reasonable excuse
• section 30 peeping or peering into a dwelling house.
An owner or occupier who makes an arrest must as soon as practicable call a constable
to their aid and deliver the arrested person into the constable’s custody.
(s39 Summary Offences Act 1981)
Processing citizen’s arrests
When a citizen delivers an arrested person into Police custody, the citizen must sign all
the documentation relating to the arrest itself but a Police employee is responsible for
carrying out any other required procedures as if they had made the arrest (e.g. dealing
with the prisoner’s property and completing custody/charge sheets).
For further information about processing arrested people see ‘People in Police detention’
in the Police Manual.
Protection from criminal responsibility
Everyone is protected from criminal responsibility for arresting without a warrant:
• any person found at night in circumstances that give you reasonable and probable
grounds for believing the person is committing an offence against the Crimes Act that
is an offence punishable by 3 years imprisonment or more
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 40 of 46
Arrest and detention, Continued…
Version : 17.0
• when an offence against the Crimes Act has been committed and you believe on
reasonable and probable grounds the person has committed that offence, whether or
not they actually did
• any person you believe on reasonable and probable grounds has committed an
offence against the Crimes Act and is escaping from or being pursued by someone
with a lawful authority to arrest that person.
(ss 36-38 Crimes Act 1961)
Assisting Police arrest with a warrant
Citizens are protected from criminal responsibility if they are asked to assist Police make
an arrest with a warrant but the wrong person is arrested.
(s30(2) Crimes Act 1961)
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 41 of 46
Arrest and detention, Continued…
Version : 17.0
Fines warrants
This section contains these topics:
• Introduction
• About fines warrants
• Collections Unit contact
• Fines warrant enforcement at airports
• Other operations targeting fines warrants
• To execute a fines warrant
• Check warrant not already executed
• Fines payment options
• Deciding to arrest on a fines warrant
• Receiving cash payment
Introduction
Holding fines and reparation defaulters accountable is a government priority to ensure
the integrity of the justice system and maintain public confidence in it.
The primary purpose of Police involvement in enforcing fines warrants is assisting courts
to hold defendants accountable. It is not to further general Police enforcement activities.
This section provides guidelines and procedures for enforcing fines warrants, agreed with
the Ministry of Justice Collections Unit.
About fines warrants
A fines warrant empowers constables and bailiffs (specified courts' staff) to arrest a
person unless the total of unpaid fines specified in the warrant is paid beforehand.
Warrant version
Fines warrants are stored electronically by the Ministry of Justice Collection Unit and
unlike other warrants are not received by Police until printed at a NIA terminal. Each
time a warrant prints, it shows as a different version of the warrant valid for seven days.
Collections Unit contact
Public contact number
The Ministry of Justice Collections Unit operates a free phone number
0800 698 540 for
defaulters to arrange payment of their fines and reparation.
This number operates between 0700 - 2100 hrs Monday to Friday and 0900 - 1730 hrs
on Saturday.
Police only enquiry number
The Collections Unit also operates a 24 hour 7 day a week free phone number
0508 334
334 for Police
with queries about warrants.
Note: This number must
not be given to the public.
Airport Police may use this number to assist a defaulter make arrangements to pay and
where immediate confirmation is required to allow the defaulter to fly.
Use your QID to identify yourself when enquiring.
Fines warrant enforcement at airports
The Collections Unit provides details to New Zealand Customs Service of any person:
• with outstanding fines warrants amounting to more than $5000, or
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 42 of 46
Arrest and detention, Continued…
Version : 17.0
• owing any amount of reparation.
Police at airports are then alerted by New Zealand Customs Service and attend airport
immigration if these people try to enter or leave New Zealand.
People affected by fines warrants airport alerts should be:
• prevented from leaving the country until they have paid or made arrangements to pay
their fine or reparation with the Ministry of Justice Collections Unit
• arrested if they cannot resolve the outstanding fine.
Avoiding delays to flights
Step Action
1
Notify the airline at an early stage of the potential need to off load the
passenger’s baggage to avoid delays to the aircraft.
2
At all times, if there is any risk of delaying a departing flight, allow the
passenger to fly and make further enquiries so that where necessary the
passenger can be dealt with on their return.
3 Follow
the
normal
procedures to execute a fines warrant when responding to
a fines warrant alert from New Zealand Customs Service.
Other operations targeting fines warrants
If you are planning specific operations targeting the execution of fines warrants on a
widespread basis (e.g. boy racer events) contact your nearest Collections Unit for their
input and assistance.
To execute a fines warrant
Follow these steps to execute a fines warrant.
Step Action
1 Check
the
warrant’s
version number. If you are not in possession of the
warrant, ask the Police Communications Centre to check for you.
The version number is found on the top left-hand corner in NIA’s “view
warrant” screen.
2
Confirm the warrant is current and not already executed.
3
Make reasonable enquiries to check the person’s identity.
4 Advise
the
person:
• they have an outstanding warrant to arrest for unpaid fines
• their payment options.
If the person offers you cash payment of the fine, follow the receiving cash
payment procedure.
5
If the fine remains unpaid, decide whether to arrest the person.
If you decide to:
arrest the person, you must...
not arrest the person...
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 43 of 46
Arrest and detention, Continued…
Version : 17.0
bring them to court as soon as
verify the person’s full name, current
possible with a copy of the
address, phone number and
executed warrant. (The person
occupation/ place of work (this
may be released on Police bail
information will assist the Collections
pending a court appearance)
Unit and court bailiffs to recover
unpaid fines).
If the person offers to pay
outstanding fines in full after their
arrest:
• accept the payment and follow
the receiving cash payment
procedure
• release the person on Police bail
• clarify with the court whether
the person needs to appear in
court and advise the person of
the Court’s decision.
6
Email the Collections Unit Centralised Processing Centre using the Bulletin
Board Notification (“Fines Warrant - Information Disclosure to Collections”) to
advise:
• any action you have taken relating to the warrant (e.g. arrest, acceptance
of cash payments)
• the person's full name, current address, phone number and occupation, if
you have not arrested the person
• NIA alerts you believe are incorrect.
7
If the warrant is executed, (i.e. the person is arrested or has fully paid their
fine):
• create an occurrence using the incident code 2T
• attach all relevant documents to the file including:
- copy of the warrant
- signed and witnessed receipt
- copy of your Bulletin Board Notification (“Fines Warrant - Information
Disclosure to Collections”).
Check warrant not already executed
To avoid the risk of wrongful arrest, take care before executing a fines warrant to ensure
it has not already been executed by an employee using an earlier version.
Follow this table to check if the warrant has already been executed.
If the warrant is…
then…
version 1
contact the Ministry of Justice Collections Unit if practical and
(you are the first
check the fine has not been paid. (Payment could have been
person to print the
made without the warrant being printed).
warrant for execution)
version 2 or higher
• speak to the Police employee or bailiff shown on NIA as
last printing the warrant to establish the outcome of
previous version (contact bailiffs through Ministry of Justice
Collections Unit)
• record names and details of anyone you speak to in your
notebook.
Fines payment options
Fines defaulters can pay their outstanding fines to the Ministry of Justice Collections Unit
by either:
• telephoning the unit direct to arrange payment on 0800 698 540
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 44 of 46
Arrest and detention, Continued…
Version : 17.0
• visiting the website http://www.justice.govt.nz/fines and paying in full by credit card
• visiting their local court’s Collections Unit.
Deciding to arrest on a fines warrant
Use this table when deciding whether to arrest a person on a fines warrant.
If the person is an international
For all other people...
traveller entering or leaving New
Zealand...
You should arrest the person if they:
Consider:
• have outstanding fines warrants
• amount and number of outstanding
amounting to more than $5000 or owe
fines
any amount of reparation,
and
• person's fines default history
• do not pay the outstanding fine in full
• your ability to verify the person's
or make arrangements for payment
details
with the Collections Unit.
• the person's likelihood of attending the
Collections Unit voluntarily, e.g. if the
Refer to Fines payments options and
person is leaving the country soon,
contact the Collections Unit to confirm if
attendance may be unlikely.
payment is made.
Note: If the outstanding reparation and
any fines are less than $1000, only arrest
in exceptional circumstances.
Do not arrest the person if:
• the fine has been paid in full
• there is any doubt about whether the warrant has already been executed.
Receiving cash payment
Conditions for accepting cash
Collecting cash is a risk for police because an officer’s integrity can later be questioned.
Only accept cash payments as a last resort if:
• the person cannot pay the fine directly to the Collections unit (consider delivering the
person to the court to make payment),
and
• it is a cash payment (i.e. no cheques or credit cards) for the
full outstanding fines
(
do not accept part payments).
Receiving cash payment procedure
Follow this procedure if
full payment of an outstanding fine is made in cash.
Step Action
1
Accept the payment if the conditions for receiving cash payments are met,
and print the warrant from NIA.
2
Count cash in front of the person from whom it was taken.
3
Complete the receipt form on the warrant and ask the person to countersign
the receipt. If possible ask another Police employee to co-sign the receipt to
confirm all details are correct.
4
Give the person a copy of the receipt.
If it is impractical to issue a receipt, enter the details (e.g. name, date,
amount, warrant number) in your notebook and ask the person and another
Police employee to sign your notebook confirming details are correct.
5
Seal cash in a Police exhibit/security bag by sealing all edges with tape.
The employee seizing or receiving the cash signs across the tape.
Note that
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 45 of 46
Arrest and detention, Continued…
Version : 17.0
staples must not be used.
6
Follow the procedures in the ‘Cash handling’ chapter if the cash cannot be
passed to the court promptly by either:
• depositing the money using a court authorised process or,
• delivering the payment with warrant attached to the nearest court or,
• depositing it in a safe and deliver to court at first available opportunity.
Note: It is the executing employee’s responsibility to action it, or to ensure
another employee attends to this promptly.
7
Email the Collections Unit Centralised Processing Centre using the Bulletin
Board Notification (“Fines Warrant - Information Disclosure to Collections”) to
advise:
• any action you have taken relating to the warrant (e.g. arrest, acceptance
of cash payments)
• the person’s full name, current address, phone number and occupation, if
you have not arrested the person
• NIA alerts you believe are incorrect.
8
If the warrant is executed, (i.e. the person is arrested or has fully paid their
fine):
• create an occurrence using the incident code 2T
• attach all relevant documents to the file including:
- copy of the warrant
- signed and witnessed receipt
- copy of your Bulletin Board Notification (“Fines Warrant - Information
Disclosure to Collections”).
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
Page 46 of 46
