Editing Right to silence (section)

=== New Zealand ===
In New Zealand, the right of persons arrested to refrain from making a statement and to be informed of that right is contained in the [[New Zealand Bill of Rights Act 1990|Bill of Rights Act 1990]], as further reflected in a practice note on police questioning issued in 2006, by then [[Chief Justice of New Zealand|Chief Justice]] [[Sian Elias]]. The Evidence Act 2006 explicitly prohibits the inference of guilt in a criminal proceeding from a defendant exercising their right to silence.<ref>{{Cite web|title = Evidence Act 2006 No 69 (as at 11 October 2013), Public Act Contents – New Zealand Legislation|url = http://www.legislation.govt.nz/act/public/2006/0069/latest/DLM393463.html|website = www.legislation.govt.nz|access-date = 2015-09-27}}</ref> At common law the leading case is ''[[Taylor v New Zealand Poultry Board]]'' where [[Robin Cooke, Baron Cooke of Thorndon|Justice Cooke]] held, "The starting point ... [is], unless an [[Act of Parliament]] imposes or authorises the imposition of a duty to the contrary, every citizen has in general a right to refuse to answer questions from anyone, including an official."<ref name="ReferenceC">''Taylor v New Zealand Poultry Board'' [1984] 1 NZLR 394 at 398.</ref>

The obligation to caution arises when:

* a suspect is in custody;
* when police have enough evidence to believe the person has committed an offence;
* when detained, such as for the execution of a statutory or common law power of search or in the execution of drink driving investigations;
* other situations as dictated by statute or case law.

The caution to be given to adults is as follows:<ref>New Zealand Police Cautions Rights version 9</ref><ref name=":2">{{Cite web |title=Multilingual Rights Caution |url=https://www.police.govt.nz/sites/default/files/publications/police-multilingual-rights-cautions.pdf |access-date=6 April 2024 |website=New Zealand Police}}</ref>

{{Blockquote|I am speaking to you about/You have been detained for/You have been arrested for [offence]. You have the right to remain silent. You do not have to make any statement. Anything you say will be recorded and may be given in evidence in court. You have the right to speak with a lawyer without delay and in private before deciding to answer any questions. Police have a list of lawyers you may speak to for free.}}

The caution in [[Māori language|Māori]] is as follows:<ref name=":2" />

{{Blockquote|Kei te kōrero au ki a koe mō te/Kua mau koe e te ture mō te/Kua hopu koe e te ture mō te ''[offence]''. He tika tāu ki te noho wahangū. Kāore he here i runga i a koe ki te whakaputa kōrero. Ka hopukina ō kōrero, ā, tērā pea ka whakaputahia hei taunakitanga i te kōti. He tika tāu ki te kōrero wawe ki tētahi rōia i roto i te tapu i mua i te whakarite ki te whakautu pātai. He rārangi rōia tā ngā pirihimana hei kōrerotanga māu mō te kore utu. }}