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Criminal & traffic law

Entry powers: When the police can come into your home

Overview

The police don’t have any automatic right to come into your home. If you haven’t agreed to it, the police can only come inside if they’ve got a legal power to do this either because:

  • they’ve got a warrant (written authority) from a court – for example, a search warrant or an arrest warrant
  • they’re preventing or investigating a crime, or they’re enforcing the law.

This section explains when the courts can issue a warrant to the police and what the rules are around using warrants (“executing” them), and it explains when the police can enter without a warrant.

You can change your mind

If you’ve agreed to let the police come inside your home, you can change your mind at any time and the police then have to leave straightaway (unless something has given them a legal power to stay – for example, if they see a cannabis plant or other illegal drugs).

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Police powers

Where to go for more support

Community Law

www.communitylaw.org.nz

The Community Law website contains legal information, education, and law reform resources about the police. Your local Community Law Centre can provide free initial legal advice about any issue relating to the police.

YouthLaw Aotearoa

www.youthlaw.co.nz

Phone: 0800 UTHLAW (0800 884 529)
Email: nzyouthlaw@gmail.com

YouthLaw provides free legal advice for young people throughout New Zealand. The YouthLaw website provides great information for young people about the law.

“You and the police” (Law Society pamphlet)

This pamphlet has information about what to do when being questioned or arrested by the police. You can access the pamphlet online at:
www.lawsociety.org.nz/about-us/about-our-publications/law-awareness-brochures

You can also order hardcopies from:

Phone: (04) 472 7837
Email: pamphlets@lawsociety.org.nz

Independent Police Conduct Authority (IPCA)

www.ipca.govt.nz

Phone: 0800 503 728
Email: info@ipca.govt.nz

The IPCA receives and investigates complaints against the police. A complaint form is available online.

Legal Aid

www.justice.govt.nz/courts/going-to-court/legal-aid

The Ministry of Justice website has a range of information about Legal Aid.

It also has information about the Police Detention Legal Assistance Scheme (free legal help when someone is being held, arrested or questioned by the police) – go to:
www.justice.govt.nz/courts/going-to-court/legal-aid/legal-help/in-police-custody

You can also order hard copies of Ministry of Justice pamphlets from:

Phone: 0800 587 847
Email: publications@justice.govt.nz

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