You have been arrested or jailed

If you are arrested or jailed overseas, we can’t help you get out of trouble, but there are things we can do to support you.

How a New Zealand embassy can help

New Zealand embassies, high commissions and consulates are there to help New Zealand citizens when they’re having difficulty overseas.

Find a New Zealand embassy

If you are arrested

If you have been arrested outside of New Zealand, a consular officer can:

• Give you a list of local English-speaking lawyers. A local lawyer could help you find out about legal aid, or act as your legal representative.
• With your consent, let your family and friends in New Zealand know you have been arrested.
• For some limited cases and if we are able to travel to your location, observe your court hearing.

If you are imprisoned

If you have been imprisoned outside of New Zealand, with your consent, a consular officer can:

• Share your prison contact details and how to communicate with you with your family or friends
• Give your family or friends instructions for depositing funds for you, according to the prison’s rules
• Ask the prison for approval for your family or friends to visit you
• Let prison authorities know about your medical or dental problems
• Work with prison authorities to deal with justified complaints about ill treatment or discrimination
• Visit you in prison, if you’re imprisoned in a country with prison conditions that are substantially different to New Zealand, and if the prison is in a location our team can get to.

If you are arrested or imprisoned, a consular officer cannot:

• Hire a lawyer or provide legal advice
• Get involved in the judicial process, including advocating for your case
• Have you transferred to a New Zealand prison
• Have you released or sentence reduced
• Investigate an offence
• Pay legal fees, fines, or bail. Act as a guarantor for bail or parole.
• Get involved in immigration or visa issues.

New Zealand law does not allow for someone imprisoned overseas to return to New Zealand to serve their sentence. For this reason, New Zealand does not have any prisoner exchange agreements and cannot accept the transfer of New Zealanders from overseas prisons.

The Government does not pay for New Zealanders to return home once they have served a custodial sentence and are released from an overseas prison.

Arbitrary detention

Arbitrary detention refers to the practice of a state seeking to influence another state by detaining that state’s citizens, often without due legal process. In some countries, the use of arbitrary detention has become an issue in recent years. New Zealanders overseas should be alert to the danger of arbitrary detention and contact their nearest Embassy or High Commission if they feel at risk.