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Guidance

Arrested or in prison in New Zealand

This guide provides information about being arrested in New Zealand including prison conditions.

From:
Foreign, Commonwealth & Development Office
Published
8 July 2026

Contacting the British High Commission

The British High Commission in New Zealand can provide help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can provide.

Family and friends can contact:

  • the British High Commission in Wellington
  • the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

British High Commission Wellington, New Zealand

44 Hill Street 
Thorndon 
Wellington 6011 
Telephone: + 64 (0) 4 924 2888

Postal address:

The Consular Team
PO Box 1812
Wellington 6140

Finding a lawyer in New Zealand

You should carefully consider getting a local New Zealand lawyer. Discuss all costs with them in advance. 

Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to New Zealand). 

Check the list of local English-speaking lawyers in New Zealand if you want to appoint a private lawyer. You can ask the British High Commission if you need a paper copy of this guide. To understand total legal fees for private legal representation, consult your lawyer.

If you are in police custody and do not have a lawyer, you will be able to access a lawyer for free under the Police Detention Legal Assistance Service (PDLA).

If you do not have a lawyer on your first day of court, you will have the option to access a duty lawyer for free legal help. They can help you understand the offence you are charged with, explain your options, the process, and may speak on your behalf or enter a plea, but they usually won’t represent you beyond that day. If you need ongoing legal representation and cannot afford a lawyer, the duty lawyer may be able to assist you to apply for Legal Aid.

Legal Aid is a New Zealand government-funded service that may be available for individuals who cannot afford a lawyer. To qualify, you must meet financial eligibility criteria and have a qualifying legal issue. The funding is considered as a loan, and you may have to pay all or some of this back.

In addition, there are several organisations in New Zealand that may be able to provide you with free community legal advice and support.

Citizens Advice Bureau and Community Law can be accessed by telephone and have centres throughout New Zealand offering appointments and drop-in sessions.

What happens when you’re arrested in New Zealand

You can be arrested and taken to a local police station: 

  • because of an existing arrest warrant
  • where there are grounds for issuing an arrest warrant
  • if you’re caught in the act of performing a crime
  • if it’s expected you’ll leave the country to escape justice
  • your identity cannot be confirmed

The police must tell you in English (or a language you understand):

  • why you’ve been arrested
  • if you’ve been charged, and what the charge is
  • your rights

Do not sign any documents unless you understand them. You will be assigned an interpreter if you ask for one.

Your rights

You have the right to: 

  • talk to a lawyer privately and without delay
  • refuse to make a statement
  • be informed of the reason you are being questioned, detained, or arrested
  • be treated humanely
  • be brought before a court or tribunal as soon as possible
  • ask for an interpreter
  • ask to speak with consular services at the British High Commission

If you are under 17 years old, the police must tell your parent or guardian that you have been arrested.

Going to court

If you are required to attend court after being charged with a crime, the date and time of your first hearing will be provided when you are arrested or in a summons served on you.

The letter (summons) will tell you:

  • your details
  • the details of any crime (offence) you’ve been charged with
  • the name of the court and the date and time you are required to appear
  • the consequences of failing to attend
  • information about appearing in court

You must be taken to court within a reasonable timeframe from when you’re arrested. At your first court appearance, the judge may:

  • remand you in custody or release you on bail
  • ask for your plea
  • adjourn the case to a later date
  • sentence you if you plead guilty and the case is ready for sentencing

Being put on remand

You may be put on remand if there is strong suspicion that you committed an offence. This means you will be kept in custody while the investigation and court case are ongoing.

Remand prisoners may be held at first in police cells, court cells, psychiatric facilities, or prisons. Once moved to a prison, they are kept separate from sentenced prisoners, usually in designated remand units or wings.

If you are not granted bail, you will usually be moved to prison shortly after your court appearance. You may be held temporarily in a police cell before the transfer.

If you are on remand, you should be allowed to receive visits, make phone calls and meet with a lawyer. However, the time you can spend outside your cell and the activities you can take part in may be limited.

How long you can be on remand for

There is no fixed maximum duration for remand. This depends on the complexity of the case, court scheduling, and legal proceedings. Some individuals can remain on remand for 6 months or more. Courts can extend remand periods through adjournments, especially if investigations or legal processes are ongoing.

Bail

Bail can be granted at various stages:

  • after arrest
  • before trial
  • or while awaiting sentencing

Bail decisions are based on factors such as whether you might not return to court, commit another offence, or pose a risk to the community.

Bail Support Services (BSS) may be able to support you to apply for bail or support you while you are on bail to meet your conditions.

Trial

There are often a number of pre-trial hearings before a matter goes to trial. These may include disclosure hearings, evidential arguments and discussions with the judge to determine the key points of difference between the prosecution and the defence. 

At the trial you will initially be asked how you wish to plead. If you plead not guilty and it is a jury trial (rather than before a judge alone) a jury will be selected. Once the jury is selected, the Crown will call evidence to prove the case against you beyond reasonable doubt. 

After the Crown closes its case, the defence counsel may then call evidence to cast doubt upon the prosecution’s case. All witnesses are first examined by the counsel who calls them, then cross-examined by the other counsel, then re-examined by the counsel who called them and then questioned by the Judge. 

After the defence has presented its case, the judge or jury will decide whether you are guilty or not guilty.

Types of trials

There are 2 types of trials in New Zealand: 

  • judge-alone trials
  • jury trials

Check your summons or ask court staff what offence you have been charged with and which category it falls under.

  • category 1 or 2 offences: for less serious crimes, your case will be decided without a jury. Depending on the offence, it may be heard by a judge, a justice of the peace or a community magistrate
  • category 3 offences: you can choose whether your case is heard by a judge alone or by a jury in the District Court
  • category 4 offences: your case will be heard by a jury in the High Court. Members of the public will be selected to serve on the jury, hear the evidence, and decide whether you are guilty or not guilty

The British High Commission cannot interfere with the New Zealand judicial system. We cannot ask for your case to be actioned more quickly or ask the authorities to waive any penalties just because you are British.

Sentences

Offenders are sentenced in open court. Members of the public and media representatives may attend. Statements from victims about how they have been affected by the offence may also be read. 

The judge will then explain the factors they considered before deciding your sentence. If you are found guilty, the sentence will depend on how serious the offence is. Your lawyer can advise you on the possible sentence and what it may involve. Sentences can include imprisonment, fines, or a suspended sentence with conditions such as unpaid work.

Appeals

If you are convicted, you may be able to appeal against your conviction or sentence. You should speak to your lawyer about the appeal process and your options.

Arriving at prison

After sentencing, you will usually remain in the court cells until later that day. You will then be taken to prison, where staff or receiving officer will process your arrival.

On arrival, you will have your photo taken, get a prisoner number and be asked to give details such as: 

  • name, date of birth and nationality
  • home address
  • medical conditions or allergies
  • religion, marital status and profession
  • name and address of next of kin

Your next of kin will not be informed that you are in prison unless you give permission.

You will be given an initial health check, which includes mental health screening. Tell health staff about any medical conditions you have. Health staff will decide if you need a special diet or any further medical treatment. 

As part of the assessment process, prison staff will decide which unit you will be placed in. Many prisons have a unit for new arrivals, where prisoners spend their first few days. You will then be assigned to a cell, which may be shared or single occupancy.

You will be given a mattress, blankets and bedding. Cells usually have basic facilities, such as a wash basin, although facilities may vary between prisons.

Soon after you arrive in the unit, you will be given an induction where staff explain the rules and regulations of the prison and the routine of your unit. This includes how you can contact family or friends, have visitors, use health services and contact the social worker and chaplain, who may be able to help you adjust to prison life. 

If you are 17 years old or under when you arrive in prison, you will be placed in a youth unit. For 18 and 19-year-olds, an assessment will decide whether placement in a youth unit is in your best interests and those of other prisoners.

Personal belongings

Any personal property you have when you arrive at prison will be recorded, and you will be given a receipt to sign. The property will then be stored securely. Access to your stored property is only allowed if you submit a request through the prison’s property process and the request is approved.

Prison clothing may be issued, although this varies between prisons. Some may allow prisoners to wear some of their own clothes, but no gang-coloured clothing or paraphernalia is allowed.

Rights and responsibilities in prison

When you first arrive at the correctional facility, you will be given an induction. This is designed to make you aware of your rights and responsibilities, prison rules, routines and procedures, and what is required to comply with them.

Drug use is an issue in some prisons. If you are caught holding or using drugs, the consequences can be serious. Injecting drugs also carries the risk of contracting blood‑borne infections. Prison authorities may carry out random alcohol and drug testing.

The prison misconduct procedures ensure that disciplinary matters are handled in line with the legislation. If you are found to have breached prison rules, the disciplinary process should be carried out in a fair, just and humane way, and you have the right to appeal any decision.

Visits from family or friends

You can send a visitor application form to a family member or friend you would like to visit you. You can ask prison staff about the process for applying to become an approved visitor, and they can provide the necessary forms. Your family member or friend can also ask prison staff to pass on a message letting you know they would like to visit. The visits process is the same whether you are on remand or serving a sentence.

Anyone who wants to visit must complete a visitor application form, and security checks will be carried out as part of the approval process. This applies to all children under 18 years old. People aged 18 or over must complete the adult visitor application form. The application form asks for information such as name, date of birth, criminal history, and proof of identity.

Completed forms must be sent back to the prison. Staff will assess the application and make a recommendation to the Prison Director. The visitor will be notified in writing of the decision.

If a family member or friend is approved, they must show their approval letter and suitable photo ID each time they visit. If a visitor’s application is declined, they will receive written notification. This means they cannot enter the prison for a set period. Information on how to appeal the decision will be included in the notification.

Booking a visit 

Booking procedures differ between prisons. In some prisons, your visitor makes the booking, while in others you must make the booking yourself and then notify your family member or friend by phone or mail. Instructions about how booking works may be included with the visitor’s approval letter. If your family or friends have questions about booking a visit, they can contact the visits staff at the prison where the visit will take place.

All people in prison, except those serving a period of cell confinement as a penalty, are entitled to at least one visit each week, lasting a minimum of 30 minutes. Each prison decides how many visits you may have and how many visitors may attend each visit.

If your family or friends are visiting from overseas, the prison may allow additional visiting time or make other arrangements. They should contact prison staff in advance to find out what is possible.

Visitor rules 

During visits, all visitors are expected to behave in a way that is appropriate for a family‑friendly environment. A visit may be terminated if a visitor:

  • behaves in a way that is harmful, threatening, intimidating, indecent, or disruptive to the security and order of the prison
  • fails to comply with the Corrections Act, Corrections Regulations, or a lawful order given by an officer
  • refuses to allow themselves, their vehicle, or their possessions to be searched
  • refuses to pass through a metal detector

Money

Money transfers from family or friends

Family and friends can send money to someone in a New Zealand prison by making an online bank transfer to that prison’s designated trust account, using the correct account number and including the prisoner’s name and PRN so the money is allocated properly. Cash deposits of any kind are no longer accepted, and anyone who has difficulty using online banking should contact the prison for advice. Prisoner trust accounts have a maximum balance limit, and there is also a cap on how much you can spend each week on approved items.

The British High Commission does not provide financial assistance to prisoners.

Prison conditions in New Zealand

Letters and packages

You can send and receive letters in prison. The Department of Corrections provides you with writing paper, envelopes and pays the postage for up to 3 standard letters per week. If you want to send a fast‑post letter or a parcel, you must pay for this yourself.

Your family, friends or supporters can send letters to you at your prison. They may also be able to send certain approved items such as clothing or books, but each prison has its own approved items list. They must check with the prison before sending anything. All property must be pre‑approved before it is sent or delivered.

Letters and parcels sent to you are checked by staff to prevent contraband/prohibited items entering the prison, and some mail may also be checked by detector dogs. This can sometimes delay delivery.

Your family or supporters can also send an email to the prison, which staff will print and give to you. You cannot access email or the internet, so you can only reply by letter or by phone.

International (overseas) mail can be sent, but you are responsible for the postage costs if the letter or parcel requires international stamps or special services. The standard free postage allowance only applies to domestic standard letters. Staff can provide guidance on how to prepare overseas mail, including how to address envelopes and where to submit them for posting. If additional postage is required, it must be paid from your trust account.

If you need help contacting family overseas, prison staff can explain mailing procedures, and your case officer can advise you on how to ensure your letters are sent correctly. Consular staff may also be able to assist you in maintaining overseas contact if you give permission.

You may keep certain approved items in your cell. These vary by prison but may include a radio or CD/tape player, an electric jug or flask, a fan, a limited number of books or magazines, and religious material. There are limits on the size and quantity of items you may have.

Items that must not be sent to prison include mobile phones, weapons, drugs, food, tobacco products and pornography.

Telephone calls

When you arrive in prison for the first time, you are entitled to one free phone call within New Zealand to let your next of kin know where you are. You may also request to contact consular services at the British High Commission.

You are provided free access to make phone calls. You may have up to 10 approved phone numbers. Before a number is approved, staff will check that the person agrees to receive your calls. All calls made from prison phones are monitored.

You can make international calls, usually with a limit of 30 minutes per week unless extra time is approved in exceptional circumstances.

Video calls

Most New Zealand prisons offer video calling for eligible people in prison and their approved visitors. Video call times and scheduling depend on the prison, and calls must be arranged in advance with corrections staff after your request is approved.

Medical and dental treatment

When you arrive in prison, your health needs are assessed, and you will continue to receive care and treatment if required. This includes access to nicotine replacement therapy, because all prisons in New Zealand are smoke‑free.

While you are detained in New Zealand, the Department of Corrections is responsible for making sure your basic medical needs are met.

If you need medical or dental treatment, you should make an appointment to see the prison nurse, doctor or dentist. In larger prisons there may be delays, but if your situation is urgent, you can speak to your case officer so that the prison health team can assess the urgency. If your condition cannot be properly treated within the prison, you may be transferred to a hospital under guard.

Existing conditions

If you have a long‑standing medical condition and have had treatment for it abroad, it may be helpful for your medical records, or a medical summary, to be sent to the prison health service so that the doctor or specialist here has that information.

Secondary and tertiary (specialist and hospital‑level) healthcare is provided by Health New Zealand Te Whatu Ora and you can be referred in the same way as any other person in the community, based on clinical need.

If you want assistance, the British High Commission can help make sure that any medical or dental issues are brought to the attention of prison health staff. With your permission, they can also contact your GP overseas if the prison doctor asks for your previous medical records.

Drug and alcohol addiction

Most prisons in New Zealand offer programmes for drug or alcohol addiction. You can speak to the prison doctor about what support is available.

Mental health care

If you feel you need mental health support, for example, if you are experiencing depression, anxiety or distress, you should speak to the prison health team as soon as possible. The prison may be able to make recommendations for support or adjustments based on your mental health needs.

Your arrival health assessment checks whether you may be at risk to yourself or others. All prisoners aged over 18 years old are screened at arrival for mental health needs. If you have mild or moderate mental health needs, you may be referred to the prison doctor or provided with counselling support, including cognitive behavioural therapy, if appropriate.

If you have serious mental health needs, you will be managed jointly by prison health services and Regional Forensic Mental Health Services. In acute cases, you may be transferred to a secure forensic mental health facility. These services are run by District Health Boards.

Food and diet

Prison menus are developed in consultation with a qualified dietician and must comply with legislation and the Ministry of Health’s food and nutrition guidelines. If you need a medical diet for a health condition, the prison medical officer can prescribe one for you.

Vegetarian and vegan meals are available upon written request, and you may also request meals that meet your religious, spiritual, or cultural dietary needs, such as halal or kosher meals. New Zealand law requires prisons to make reasonable allowances for these needs when providing food.

You can use your prison trust account to purchase approved grocery items once a week. Approved items usually include groceries, toiletries, stamps, and confectionery. Your weekly spending limit depends on prison rules, and you can only spend what is available in your trust account.

Showers and hygiene

When you arrive in prison, any personal hygiene or grooming products you bring will be checked for contraband/prohibited items. Approved items will be returned to you.

You are allowed approved basic toiletries, provided they meet prison rules. These typically include items such as soap, toothpaste, shampoo, and deodorant (non‑spray). Toiletries must be replaced through the prison’s weekly shopping system and cannot be sent in from family or friends.

Items not allowed include aerosols, spray bottles, glass containers, products containing alcohol, and nail polish/remover.

Women in prison are provided with essential period products such as sanitary pads and tampons at no cost. Corrections supply these as part of basic hygiene provisions. This includes making additional products available if needed, and women can also buy preferred brands through the weekly shopping system.

Work and study

Work opportunities vary by prison, so you may need to wait until a suitable job becomes available. If you are offered work, it is usually beneficial to accept it. Work provides structure, allows you to learn skills, and gives you a small wage for approved purchases.

Depending on your prison, you may access industry training in areas such as construction, horticulture, forestry, catering, engineering, textiles, timber processing, furniture making, or laundry work.

You may also work toward NZQA‑recognised qualifications if you meet eligibility requirements. Education services can include literacy and numeracy support, foundation programmes, vocational training, and higher‑level courses (where permitted).

The prison will assess your educational needs and goals and provide support such as learning plans and access to suitable courses.

You may also have access to a range of education, employment and rehabilitation programmes depending on your needs and eligibility. These may include literacy and numeracy support, vocational training, cultural programmes, or offence‑focused rehabilitation. Your learning or rehabilitation plan is discussed with staff as part of case management.

If approved, outside agencies such as Prisoners Abroad may send you certain study or reading materials, provided they meet corrections’ property rules.

Books and activities

Contact with other people in prison depends on your behaviour, risk assessment and security classification. Your classification is reviewed regularly and determines the level of supervision you need and how you can mix with others.

Most prisons have a library service. You will normally have regular access to books, magazines and study materials, either through the main prison library or smaller unit libraries. Library services are run by librarians, volunteers or mobile libraries, and aim to meet your educational, cultural and recreational needs. Reading materials must comply with safety and suitability rules. Items considered objectionable or unsafe will not be available.

Exercise

You are entitled to at least one hour of physical exercise every day, unless you are working outdoors. This exercise can be taken in the open air, if the weather allows.

Exercise is part of your minimum entitlements, and it can only be restricted in limited situations such as emergencies, security risks, or short periods when it is genuinely impractical.

Religion

New Zealand prisons must make reasonable and practicable provision for your religious and spiritual needs. This includes giving you opportunities to practise your faith, pray, and access religious support.

If you have any special religious or cultural requirements, you should raise these during induction or speak with staff so arrangements can be considered within operational limits.

How to make a complaint about mistreatment

The British High Commission can help if you have been mistreated or abused and will take all complaints seriously. If you decide to make a complaint, tell us first. We will ask for your permission before taking any action.

If you have been tortured or mistreated, you should inform consular staff as soon as it is safe for you to do so. Consular staff will then make every effort to contact you, which may include visiting you to check on your welfare, discuss your concerns, and explain any local complaints procedures and support organisations that may be available. With your permission, and where appropriate, they may also raise your allegations of torture or mistreatment with the authorities.

You can make a complaint to the Department of Corrections if something has happened that you feel is wrong or if you are not satisfied with the way you have been treated. You can make a complaint using the prisoner kiosks, in writing, or by speaking to staff. Staff must help you if you need support.

You may also choose someone you trust to act as your advocate, and staff will help you arrange this. If you have difficulty using the phone because you are deaf, hard of hearing, deafblind, or have a speech impairment, you can ask to use the New Zealand Relay service.

Information to help with complaints is available on the prisoner kiosk, where you can look up guidance and processes, and staff will assist you if you cannot use the kiosk yourself. If you are not satisfied with the response or would like further advice, you may seek legal advice or contact one of the following independent agencies as relevant:

Transferring to another prison

The Department for Corrections regularly moves prisoners between prisons throughout the country to manage capacity and to ensure that prisoners are located in facilities that are best suited to their individual needs.

Transferring to a prison in the UK

There is no prisoner transfer agreement between the UK and New Zealand.

Early release

The New Zealand Parole Board is an independent body that decides when you may be released on parole. Its paramount consideration under the Parole Act 2002 is the safety of the community. Victims who are registered with the Department of Corrections are notified of upcoming hearings and may make submissions to the Board.

If you are serving more than 2 years, you may become eligible for parole after completing one‑third of your sentence, unless the sentencing judge has set a longer non‑parole period. Parole is not guaranteed and will only be granted if the Board is satisfied that your release would not pose an undue risk to the community.

You are released automatically after serving half of a sentence of two years or less, without a Parole Board hearing, but you will still have release conditions set by the court that you must follow.

Clemency or pardon

New Zealand does not operate a clemency system linked to capital punishment, as there is no death penalty. The only form of exceptional relief is a pardon under the Royal Prerogative of Mercy, exercised by the Governor‑General on the King’s behalf, and used only in rare, exceptional cases. You should discuss this with your lawyer.

Release and deportation

If you need assistance when you are released, you can contact the British High Commission. Whether you are deported depends on your immigration status and the seriousness of your crime. With your consent, consular officers can make enquiries directly with Immigration New Zealand.  

Any British citizen who serves a prison sentence in New Zealand can be liable for deportation at the end of that sentence. Even people holding permanent residence may have their visa cancelled. Dual British–New Zealand citizens cannot be deported. If you wish to challenge deportation, you should speak with a lawyer as soon as possible.

The British High Commission cannot prevent your deportation or interfere with Immigration New Zealand procedures.

If you are deported, you will be banned from returning to New Zealand for a set period, which can range from three years to life. If you wish to return in the future, you must apply for the relevant visa through the New Zealand authorities before travel.

Immigration New Zealand will arrange flights for your deportation. You may not be given information about your arrival details in advance.

Getting a passport

If your passport is expired or has less than 6 months’ validity, you may need a new one before deportation. Check this well before release to avoid delays and apply for a replacement early, if needed. If you require an Emergency Travel Document, the immigration officer managing your deportation will contact the British High Commission before your release.

Updates to this page

Published 8 July 2026

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