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Criminal & traffic law

Common crimes

Overview

This chapter has information about some common minor offences that people may face in the criminal courts, particularly when facing criminal charges for the first time. This chapter covers shoplifting, tagging and graffiti, assault, drug offences (like possession of cannabis), and pāua poaching and other fisheries offences.

For each of those areas, this chapter has information about:

  • what the prosecution has to prove for you to be convicted
  • what defences you might have to the charge
  • what the possible penalties are, including what you’re likely to get for a first offence.

This chapter cites a number of New Zealand court decisions as legal authority for the law as we’ve stated it. Sometimes we’ve also set out the facts and outcome of particular cases as examples.

For more information about how to find these cases, see: “Where to go for more support”.

For information about how the criminal courts work, see: “The criminal courts”.

For information about what legal advice you can get if you can’t afford to pay a lawyer, see: “Legal aid and other legal help”.

For information about driving offences, see: “Driving and traffic law”.

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Common crimes

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Drug Foundation

The New Zealand Drug Foundation has a large amount of information about different drugs and their effects, and about criminal offences and penalties.

Website: www.drugfoundation.org.nz
Email: admin@drugfoundation.org.nz
24/7 Alcohol Drug Helpline: 0800 787 797
Facebook: www.facebook.com/NZDrugFoundation

KnowYourStuffNZ

KnowYourStuffNZ provides free information, advice, and drug checking services using a range of testing methods at events around New Zealand.

Website: www.knowyourstuff.nz
Contact form: knowyourstuff.nz/contact
Instagram: www.instagram.com/knowyourstuffnz
Facebook: www.facebook.com/KnowYourStuffNZ

The New Zealand Needle Exchange Programme

The Needle Exchange Programme provides and collects needles for safe disposal, advice on harm reduction, and is licensed to provide drug checking services.

Website: www.nznep.org.nz
Email: info@nznep.org.nz
Phone: 03 366 9403
Instagram: www.instagram.com/NZNEP
Facebook: www.facebook.com/NZNEP

The Level

The Level provides free guides for people who use drugs.

Website: www.thelevel.org.nz
Contact form: thelevel.org.nz/contact-us
Instagram: www.instagram.com/thelevelnz
Facebook: www.facebook.com/thelevelnz

Ministry for Primary Industries (MPI)

The MPI website has information about recreational fishing rules and customary gathering rights.

Website: www.mpi.govt.nz/travel-and-recreation/fishing
To report poaching, email poacher@mpi.govt.nz or phone 0800 4 POACHER (0800 47 62 24)

Want to know the rules on the spot?

The MPI have a free NZ Fishing Rules app that you can download by texting the word “app” to 9889. The app works even when you have no coverage.

You can also send a free text 9989 with the name of the species you are fishing for (e.g. blue cod or pāua) and receive legal size and bag limit via return text.

For more information about this: www.mpi.govt.nz/fishing-aquaculture/recreational-fishing/fishing-rules-for-gear-methods-and-species/paua-rules-and-guidelines

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