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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Arrest and detention

312: Limited power of detention for up to 4 hours

You could also call this:

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

If you are someone who can be arrested and kept under this part of the law, an immigration officer might need to hold you for a short time. They can do this for reasons explained in section 310. However, they can only keep you for a maximum of 4 hours.

The officer will have to let you go before 4 hours if any of these things happen first:

A police officer decides to arrest you under section 313.

You are handed over to be kept in custody under this law.

You are no longer able to be arrested or kept under this part of the law.

The reason for keeping you has been dealt with.

Remember, even if none of these things happen, the immigration officer must let you go after 4 hours at the most.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441103.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Police and safety
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311: Implications of liability to arrest and detention, or

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

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313: Initial period of detention without warrant, or

“How long police can hold you without a warrant after arrest for immigration reasons”

Part 9 Detention and monitoring
Arrest and detention

312Limited power of detention for up to 4 hours

  1. A person liable to arrest and detention under this Part may be detained by an immigration officer for a purpose set out in section 310 until the earliest of—

  2. the exercise by a constable of the power of arrest and detention under section 313; or
    1. the delivery of the person into custody under this Act; or
      1. the person no longer being liable to arrest and detention under this Part; or
        1. the purpose of the detention being achieved; or
          1. the elapsing of 4 hours since the detention commenced.

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