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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 happens if you can be arrested and detained under immigration law"

Illustration for Immigration Act 2009

If you are liable to arrest and detention under this Part, you may be subject to limited detention by an immigration officer as provided for in section 312. You may also be arrested and detained without warrant by a constable in accordance with section 313 for no longer than 96 hours. An immigration officer may agree to residence and reporting requirements with you in accordance with section 315, or you may be detained in custody under a warrant of commitment, or released on conditions under section 324F.

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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.

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Immigration and citizenship > Border controlCrime and justice > Police and safety
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Part 9Detention 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 324F.

            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).
            • Section 311(e): amended, on , by section 35 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).