Home | Browse Topics | Criminal & traffic law | Police powers | Entry powers: When the police can come into your home

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).

Did this answer your question?

Police powers

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

YouthLaw Aotearoa

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

Website: www.youthlaw.co.nz
Email: nzyouthlaw@gmail.com
Phone: 0800 UTHLAW (0800 884 529)

New Zealand Law Society

The Law Society has helpful information on your rights when dealing with the police.

Website: www.lawsociety.org.nz/for-the-public/common-legal-issues/you-and-the-police

Independent Police Conduct Authority

The Independent Police Conduct Authority website has information about how the Authority receives and investigates complaints about the Police.

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

To make a complaint online: complaints.ipca.govt.nz/195

Police Detention Legal Assistance (PDLA)

Under the PDLA scheme, you can talk to a lawyer for free if you’ve been arrested. The service is provided for free, 24/7.

Email: legalaidprovider@justice.govt.nz
Phone: 04 918 8800

For more information: www.justice.govt.nz/about/lawyers-and-service-providers/legal-aid-lawyers/pdla

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life.

Buy The Community Law Manual

Help the manual

We’re a small team that relies on the generosity of all our supporters. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year.

Donate Become a Supporter

Find the Answer to your Legal Question

back to top