Version as at
30 August 2022
New Zealand Bill of Rights Act 1990
Part 2 s 24
(b)
shall have the right to consult and instruct a lawyer without delay and to
be informed of that right; and
(c)
shall have the right to have the validity of the arrest or detention deter‐
mined without delay by way of habeas corpus and to be released if the
arrest or detention is not lawful.
(2)
Everyone who is arrested for an offence has the right to be charged promptly or
to be released.
(3)
Everyone who is arrested for an offence and is not released shall be brought as
soon as possible before a court or competent tribunal.
(4)
Everyone who is—
(a)
arrested; or
(b)
detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making
any statement and to be informed of that right.
(5)
Everyone deprived of liberty shall be treated with humanity and with respect
for the inherent dignity of the person.
24
Rights of persons charged
Everyone who is charged with an offence—
(a)
shall be informed promptly and in detail of the nature and cause of the
charge; and
(b)
shall be released on reasonable terms and conditions unless there is just
cause for continued detention; and
(c)
shall have the right to consult and instruct a lawyer; and
(d)
shall have the right to adequate time and facilities to prepare a defence;
and
(e)
shall have the right, except in the case of an offence under military law
tried before a military tribunal, to the benefit of a trial by jury when the
penalty for the offence is or includes imprisonment for 2 years or more;
and
(f)
shall have the right to receive legal assistance without cost if the inter‐
ests of justice so require and the person does not have sufficient means
to provide for that assistance; and
(g)
shall have the right to have the free assistance of an interpreter if the per‐
son cannot understand or speak the language used in court.
Section 24(e): amended, on 1 July 2013, by section 4 of the New Zealand Bill of Rights Amendment
Act 2011 (2011 No 92).
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