Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

What are the New Zealand Miranda Rights?

I know for certain these aren't , you have the right to remain silent, you have the right to an attorney, Its something along the lines of, You have the right to refrain from ... You have the right to consult counsel . But i'm not sure.. can anyone help?

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  • 1 decade ago
    Favorite Answer

    New Zealand Bill of Rights Section 23:

    23. Rights of persons arrested or detained

    (1) Everyone who is arrested or who is detained under any enactment

    (a) Shall be informed at the time of the arrest or detention of the reason for it; and

    (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 determined 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.

    The Miranda warning is from the US Supreme Court precedent case, Miranda v. Arizona, that requires the arrestee to be informed of the right to be silent and their right to an attorney, at the time of their arrest. New Zealand probably doesn't use an exact formal wording like the Miranda warning, but it appears that arrestees have similar rights given to them.

  • Anonymous
    1 decade ago

    This link may help.~

    Preliminary Paper 25: The Privilege against Self-Incrimination - Draft ...

    New Zealand Law Commission ... Against Self-incrimination Sections for ... New Zealand law, but does not include the provision of information that may lead ...

  • Anonymous
    1 decade ago

    You have the right to remain a hobbit.

    Anything you say can be used against you in Middle Earth.

    You have the right to a wizard. If you cannot afford one, one will be appointed to you by Isengard.

    (The Miranda Act is precedent only in the US.)

  • Anonymous
    4 years ago

    Miranda Rights New Zealand

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