New Zealand
Criminal investigations in New Zealand
The common-law model: the police investigate and lay charges, independently of ministers, and prosecutors advise but do not direct the investigation.
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Criminal investigation in New Zealand follows the common-law pattern rather than the civil-law one: the police investigate and lay charges themselves, and the prosecuting Law Officers and Crown Solicitors advise on and conduct the resulting prosecution but do not command the investigation. The Policing Act 2008 (section 16(2)) makes the Commissioner act independently of ministers on "the investigation and prosecution of offences".
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Policing Act 2008 (New Zealand), s 16 — reprint as at 1 July 2013
Parliament of New Zealand (via a police-human-rights-resources mirror) · Legislation · 2008 · link verified 2026-07-27
The Policing Act 2008 (Public Act 2008 No 72) in the official reprint as at 1 July 2013, served by a police-human-rights-resources mirror rather than by the New Zealand legislation website, which refuses automated requests. The mirror establishes the text of that reprint, not the Act's current text: whether s 16 has been amended since 1 July 2013 is not established here. Supports s 16(1) (the Commissioner of Police is responsible to the Minister for carrying out the functions of the Police, its general conduct and management, and giving effect to lawful ministerial directions) and s 16(2) (the Commissioner "must act independently of" any Minister regarding the maintenance of order, the enforcement of the law, "the investigation and prosecution of offences", and decisions about individual employees). Establishes a single national police force and its operational independence from ministers on investigations.
Crown Law Office (Te Tari Ture o te Karauna) — about us
Crown Law Office (New Zealand) · Government publication · link verified 2026-07-27
The Crown Law Office's own site, read directly. Supports that the Attorney-General (a Minister, the senior Law Officer) and the Solicitor-General (the junior Law Officer and chief executive of Crown Law) superintend the prosecution process, that Crown Law's Public Prosecutions Unit oversees Crown and non-Crown prosecutions, and that serious ("Crown") prosecutions are conducted by Crown Solicitors — private-practice lawyers holding the Crown warrant in each main centre. Establishes that New Zealand has a Law-Officer prosecution model rather than a standalone Director of Public Prosecutions. (The verbatim "apolitical"/prosecutor-independence wording appears in the Solicitor-General's Prosecution Guidelines, not on this page.)