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Immigration Act 2009

Detention and monitoring - Arrest and detention

311: Implications of liability to arrest and detention

You could also call this:

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

If you’re liable to be arrested and detained under this part of the law, there are several things that can happen to you:

You might be held by an immigration officer for up to 4 hours. This is explained in more detail in section 312.

A police officer can arrest you without a warrant and keep you for up to 96 hours. If you’re part of a large group of people arriving together, you might be held for longer. You can find more information about this in section 313.

An immigration officer might make an agreement with you about where you’ll live and when you need to report to them. This is covered in section 315.

You could be kept in custody if a judge signs a warrant.

You might be released, but with certain conditions. These conditions are explained in section 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=DLM1441102.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Police and safety
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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”

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312: Limited power of detention for up to 4 hours, or

“Immigration officers can hold certain people for up to 4 hours for specific reasons”

Part 9 Detention and monitoring
Arrest and detention

311Implications of liability to arrest and detention

  1. Where a person is liable to arrest and detention under this Part,—

  2. the person may be subject to the 4-hour limited detention by an immigration officer provided for in section 312:
    1. the person may be arrested and detained without warrant by a constable in accordance with section 313 for no longer than 96 hours (or, for a member of a mass arrival group, no longer than allowed by section 313(2)(b)(ii)):
      1. an immigration officer may agree to residence and reporting requirements with the person in accordance with section 315:
        1. the person may be detained in custody under a warrant of commitment:
          1. the person may be released on conditions under section 320.

            Notes
            • Section 311(b): amended, on , by section 7 of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).
            • Section 311(d): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).