Immigration Act 2009

Detention and monitoring - Arrest and detention

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

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"When can you be arrested and detained under the Immigration Act?"

Illustration for Immigration Act 2009

You can be arrested and detained for certain reasons under the Immigration Act 2009. These reasons include being liable for turnaround or deportation. You might be detained to be placed on a craft leaving New Zealand. You can also be arrested and detained if you are suspected of being liable for deportation or turnaround and you cannot prove your identity when asked under section 280. This is so your identity can be established. You might be detained if you are a threat or risk to security. You can be detained if you have broken residence and reporting requirements agreed under section 315 or conditions imposed under section 324F. This is until a District Court Judge makes a decision under section 317, 318, or 324F. You might be deported and placed on a craft leaving New Zealand if you are subject to a deportation order under section 163.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441101.

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Part 9Detention and monitoring
Arrest and detention

310Purpose for which arrest and detention powers may be exercised

  1. The powers of arrest and detention under this Part may be exercised for the following purposes:

  2. in the case of a person liable for turnaround, to detain the person in order to place him or her on the first available craft leaving New Zealand:
    1. in the case of a person liable for deportation,—
      1. to detain the person pending the making of a deportation order, including during the completion of any appeal brought by the person against his or her liability for deportation; or
        1. to deport the person following the making of a deportation order by placing him or her on the first available craft leaving New Zealand:
        2. in the case of a person who is suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fails to supply satisfactory evidence of his or her identity when requested under section 280, to detain the person pending satisfactory establishment of the person's identity:
          1. in the case of a person—
            1. who is suspected of constituting a threat or risk to security, to detain the person pending the making of a deportation order; or
              1. who is subject to a deportation order under section 163, to deport the person by placing him or her on the first available craft leaving New Zealand:
              2. in the case of a person who has breached residence and reporting requirements agreed under section 315 or conditions imposed under section 324F, to detain the person pending a determination by a District Court Judge under section 317, 318, or 324F.
                Notes
                • Section 310(e): amended, on , by section 34(1)(a) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                • Section 310(e): amended, on , by section 34(1)(b) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).