Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Arrest and detention

309: Persons liable to arrest and detention

You could also call this:

“Who can be arrested and held by police for immigration reasons”

You can be arrested and held by the police if you are in certain situations. These situations include if you have to leave the country right away, if you are being sent out of the country, or if an immigration officer or police officer thinks you might need to leave but you can’t show them who you are. You can also be arrested if an immigration officer or police officer thinks you might be dangerous.

However, there are some people who can’t be arrested in these ways. If you’re a refugee, you usually can’t be arrested unless there’s a special reason. The same is true if you’re a protected person, which means someone who needs to stay in New Zealand to be safe.

If you want to know more about when people can be sent out of the country even if they’re refugees or protected persons, you can look at section 164(3) or (4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441100.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Police and safety
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308: This Part code for detention and monitoring of person if detention and monitoring under this Act, or

“Rules for monitoring or detaining people under this Act”

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310: Purpose for which arrest and detention powers may be exercised, or

“Why you can be arrested or detained under immigration law”

Part 9 Detention and monitoring
Arrest and detention

309Persons liable to arrest and detention

  1. The following persons are liable to arrest and detention under this Part:

  2. persons who are liable for turnaround:
    1. persons who are liable for deportation (including persons recognised as refugees or protected persons but whose deportation is not prohibited under section 164(3) or (4)):
      1. persons who are suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fail to supply satisfactory evidence of their identity when requested under section 280:
        1. persons who are, on reasonable grounds, suspected by an immigration officer or a constable of constituting a threat or risk to security.

          1. The following persons are not liable to arrest and detention under this Part:

          2. persons who are recognised as refugees, except those whose deportation is not prohibited under section 164(3):
            1. persons who are recognised as protected persons, except those whose deportation is not prohibited under section 164(4).