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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Arrest and detention

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

You could also call this:

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

You can be arrested and detained for different reasons under this part of the law. If you’re supposed to leave New Zealand, you can be held until you’re put on the first available transport out of the country. If you’re going to be deported, you can be kept in custody while the deportation order is being made, even if you’re appealing against it. Once the order is made, you can be held until you’re put on transport leaving New Zealand.

If an immigration officer or police officer thinks you might need to leave the country or be deported, and you can’t prove who you are when asked, you can be held until your identity is confirmed. If you’re thought to be a risk to security, you can be detained while a deportation order is being made. If you’ve already been ordered to leave because you’re a security risk, you can be held until you’re put on transport out of New Zealand.

Lastly, if you’ve broken the rules about where you need to stay or report, as agreed under section 315 or set by section 320, you can be detained while a judge decides what to do under sections 317, 318, or 320.

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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.

Topics:

Immigration and citizenship > Visas

Immigration and citizenship > Border control

Crime and justice > Criminal law

309: Persons liable to arrest and detention, or

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

311: Implications of liability to arrest and detention, or

“What can happen if you're liable to be arrested and detained”

Part 9 Detention and monitoring
Arrest and detention

310Purpose for which arrest and detention powers may be exercised

The powers of arrest and detention under this Part may be exercised for the following purposes:
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:
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
2. to deport the person following the making of a deportation order by placing him or her on the first available craft leaving New Zealand:
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:
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
2. 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:
in the case of a person who has breached residence and reporting requirements agreed under section 315 or conditions imposed under section 320, to detain the person pending a determination by a District Court Judge under section 317, 318, or 320.