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Assault is a criminal offence in New Zealand that covers a range of harmful or threatening acts, including physical contact and causing someone to fear immediate violence. The law in Dunedin follows national New Zealand criminal law, enforced by the New Zealand Police and prosecuted by the Crown where appropriate. The term "battery" is not commonly used as a separate legal category in New Zealand - physical touching that is unlawful is usually treated as part of assault or related offences.
Cases can range from low-level summary matters dealt with in the District Court through to more serious offending that is prosecuted on indictment and may carry heavier penalties. Assault matters can also intersect with family violence, protection orders, civil remedies, and support services for victims.
Getting legal advice early is important if you are charged with assault, are the alleged victim, or are a witness. A lawyer can help you understand your rights, the likely legal pathway, and the consequences of different choices. Common situations where people require legal help include:
- You have been arrested or charged and need representation at police interviews, bail hearings, or court; - You are facing allegations that could lead to a criminal record, loss of employment, immigration consequences, or restrictions on firearms or professional licences; - You are a victim seeking protection, wanting to apply for a protection order, or looking for advice about criminal and civil options; - You want to gather, preserve, and present evidence such as medical reports, witness statements, and CCTV; - You are negotiating alternatives to prosecution such as diversion, restorative justice, or a plea and sentencing plan; - You are a specialist such as a health worker, teacher, or caregiver involved in an incident and need advice on reporting obligations and potential defences.
The legal framework that applies in Dunedin is primarily national criminal law. Key aspects to understand include:
- Definition of assault - Assault can include actions that cause someone to fear immediate violence and actions involving unlawful physical force. The law covers a spectrum from common assault through to assault causing bodily harm, wounding, and grievous bodily harm. - Types of procedure - Less serious assaults may be dealt with summarily in the District Court. More serious matters can be prosecuted on indictment in higher courts. - Police powers - Police have powers to arrest, charge, detain for questioning, and apply for bail conditions. They also manage immediate safety, including removal of alleged offenders from premises and facilitating protection orders. - Sentencing factors - Penalties depend on the seriousness of injury, use of weapons, whether the victim was vulnerable, the offender's prior record, intent, and remorse. Sentencing options include fines, community-based sentences, intensive supervision, and imprisonment. - Family violence and protection orders - Where assault occurs in a family or intimate context, family violence legislation and protection order mechanisms may apply. Courts can issue protection orders to restrict contact, and breach of an order is an offence. - Victim rights - Victims have statutory rights to information, support, and participation in the prosecution process. There are services to help victims with practical and emotional recovery. - Alternatives to prosecution - For some low-level offending and eligible offenders, police diversion or restorative justice processes may be available. These are usually available where admission of responsibility, rehabilitation, and victim consent are possible. - Legal aid and representation - Legal aid is available for those who meet means and merits tests. Even when legal aid is not available, you can seek private representation or advice from community legal services.
New Zealand law does not generally use the term "battery" as a separate offence. Assault covers both threats and actual unlawful physical contact. If someone is hit, pushed, or otherwise physically harmed, that conduct will be considered under assault or related offences such as wounding or causing bodily harm.
Yes. Police can arrest where there are reasonable grounds to suspect an offence has been committed. Whether someone is detained, formally charged, or released on bail will depend on the circumstances, seriousness, risk to the public, and evidence. For very low-level incidents police may use warnings, diversion, or formal charges.
You should be clear about your rights - you can ask to speak to a lawyer and you do not have to answer questions until you have legal advice. It is usually wise to contact a lawyer before giving a formal statement. If you are the victim, police will also take your account and explain the process.
Self-defence can be a lawful justification if you reasonably believed force was necessary to defend yourself or another and the force used was reasonable in the circumstances. Reasonableness is judged objectively and will take into account the level of threat, the proportionality of the response, and whether there were alternatives. A lawyer will assess whether self-defence is likely to succeed based on the evidence.
Penalties depend on the offence severity and can include fines, community sentences, reparations to victims, intensive supervision, and imprisonment. More serious assaults causing significant injury or that involve weapons attract higher maximum penalties. Conviction can also affect employment, travel, and rights such as firearm licences.
Once police refer a matter to prosecution, the decision to prosecute is typically made by the Crown or the police prosecutor. A victim cannot usually force the Crown to drop charges. However, the prosecution may discontinue if there is insufficient evidence, if the complainant does not cooperate and evidence is weak, or for other public interest reasons. Mediation or restorative justice may be alternatives in some cases.
Diversion is a scheme used for eligible offenders, generally for less serious offending and where admission of responsibility and rehabilitation are appropriate. It can involve conditions such as apology, community work, or reparations, and successful completion can avoid a conviction. Police and prosecutors determine eligibility, and it is more likely for first-time or low-risk offenders.
Victims have access to support services including counselling, practical assistance, help with protection orders, and information about the criminal process. Victim Support is a specialist service that assists people after crime or trauma. Health services can treat injuries and document medical evidence. The criminal process also includes victim notification rights and the ability to make a victim impact statement for sentencing.
Timelines vary widely. Some matters are resolved quickly by diversion or summary trial in the District Court. More complex or serious matters can take months or longer, especially if there is a full trial. Factors include investigation needs, court availability, whether a jury trial is required, and negotiation of pleas or restorative processes.
Look for a criminal defence lawyer or a lawyer with experience in family violence if the incident involves family members. Local practices in Dunedin with criminal law experience are appropriate. Legal aid is available for those who meet the means and merits tests set by the Ministry of Justice. If you are eligible, legal aid can help with police interviews, court appearances, and legal advice. Community law centres can also provide free or low-cost advice for those who qualify.
When you need further help or information, consider contacting the following types of organisations or services in Dunedin:
- New Zealand Police - local station for immediate reporting and safety concerns; - Victim support services for emotional support, information, and help navigating the criminal process; - Legal aid providers or the Ministry of Justice for information about legal aid eligibility; - Local criminal defence lawyers or firms specialising in assault and family violence matters; - Community legal centres for free or low-cost advice if you cannot afford a private lawyer; - Court services at the Dunedin District Court for procedural information and hearing schedules; - Local hospital emergency departments and sexual assault or injury assessment services for medical treatment and documentation; - Family or domestic violence organisations for safety planning and assistance with protection orders; - New Zealand Law Society for guidance on finding a lawyer and understanding standards of practice; - Restorative justice services when appropriate, to explore alternatives focused on accountability and repair.
If you are involved in an assault matter in Dunedin - whether as an accused, a victim, or a witness - consider these practical next steps:
- Ensure immediate safety - if you or someone else is at risk, contact police or emergency services straight away; - Seek medical attention - treat and document injuries as soon as possible; - Get legal advice early - contact a criminal defence lawyer, family violence specialist, or a community legal clinic to understand your rights and options; - Preserve evidence - keep photographs, medical records, messages, CCTV information, and contact details for witnesses; - Consider support services - victims should contact organisations that can provide emotional and practical support; - Explore legal aid if you cannot afford private representation - check means and merits eligibility and apply promptly; - Attend all police and court appointments - failing to engage can worsen outcomes and limit options like diversion; - Think about safety planning - if there is a risk of repeat harm, seek protection orders or other safety measures through the court; - Keep records - maintain a clear record of dates, times, communications, and actions taken, and share these with your lawyer.
Facing or responding to an assault allegation can be stressful. Prompt, informed action - including getting legal advice and using available support services - will help protect your rights and wellbeing while navigating the legal process.
