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Parole Act 2002

Parole and other release from detention - Release - Actual release

55A: Implementation of early release for deportation

You could also call this:

"Releasing prisoners for deportation: when you can be let out of prison to be sent back to your home country"

If you are in prison and might be deported, a notice can be enough for the prison manager to release you. You will be given to an immigration officer or a constable, depending on who asks for you. This is so you can be detained under the Immigration Act 2009, specifically section 312 or section 313.

If certain things happen, as outlined in section 336(1) of the Immigration Act 2009, you will be sent back to the prison manager. The original warrant that put you in prison is still valid for sending you back. This rule applies to you until you are finally deported.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3449300.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal helpImmigration and citizenship > Border control
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55: Offenders may be released early for deportation, or

"People in prison might be let out early if they're going to be deported from New Zealand."

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55B: Offenders released early remain offenders under New Zealand law, or

"Even if you leave New Zealand, your sentence still applies if you come back."

Part 1Parole and other release from detention
Release: Actual release

55AImplementation of early release for deportation

  1. A notice under section 55(1) or (2) is sufficient authority for the manager,—

  2. if requested by an immigration officer, to release the offender and deliver him or her into the custody of an immigration officer for detention under section 312 of the Immigration Act 2009; or
    1. if requested by a constable, to release the offender and deliver him or her into the custody of a constable for arrest and detention under section 313 of the Immigration Act 2009.

      1. The offender must be returned to the custody of the manager if the circumstances in section 336(1) of the Immigration Act 2009 arise.

      2. The warrant by which an offender was originally committed to the prison is deemed to be still in force for the purpose of his or her return to custody under subsection (2).

      3. This section applies to an offender returned to custody under subsection (2) until he or she is finally deported.

      Notes
      • Section 55A: inserted, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).