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Criminal & traffic law

Entry powers: When the police can come into your home

Coming to your front door with implied permission

Police can come on to your section and knock on your door

Case: [2012] 1 NZLR 145 (SC)

The police – or anyone else – can come onto your section or property, through your gate or other entrance, and walk up to the front door of your house or flat and knock on the door (so long as they’re there for legitimate business – for example, if the police want to talk to you as part of an investigation). This is because the law assumes that homeowners and tenants implicitly give permission for people to do this (in legal terms, the police and other people have an “implied licence” to do this).

But this is only a very limited right – it only allows the police to be there up to the point of knocking on your door. If they don’t get a response from anyone inside, the police must then leave the property.

The police can ask you if they can come inside, and it’s then up to you to decide whether you agree to this or not. If you do let them in, you can ask them to leave at any time. For example, if they come in and ask you a few questions, you can stop this at any point and ask them to leave. They then have to leave immediately.

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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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