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Immigration Act 2009

Detention and monitoring - Arrest and detention

313: Initial period of detention without warrant

You could also call this:

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

If you can be arrested and detained under this part of the law, a police officer can arrest you without a warrant. They must do this if an immigration officer asks them to. This arrest is for the reasons listed in section 310.

After you’re arrested, you can only be held for as long as needed to achieve the reason for your arrest. There’s no need for any other permission to keep you in custody. However, you can’t be held for more than 96 hours.

There’s an exception for people who are part of a mass arrival group. If you’re in this group and the authorities apply for a mass arrival warrant within 96 hours of your arrest, you can be held until that application is decided. But there’s a limit on how long it can take to decide on this application, which is explained in section 317AB.

The 96-hour period includes any time you were held by an immigration officer under section 312 before the police arrested you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441104.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Police and safety
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Part 9 Detention and monitoring
Arrest and detention

313Initial period of detention without warrant

  1. Where a person is liable to arrest and detention under this Part, a constable may, and if requested by an immigration officer must, for a purpose set out in section 310 arrest the person without warrant and place him or her in custody.

  2. A person arrested and detained under this section may be detained—

  3. only as long as necessary to achieve the purpose of the arrest and detention without further authority than this section; and
    1. no longer than—
      1. 96 hours; or
        1. for a member of a mass arrival group in relation to whom an application for a mass arrival warrant has been made within 96 hours of the member’s arrest and detention, the time it takes for that application to be determined. (See also section 317AB, which limits the time for an application to be determined.)

        2. The period of 96 hours in subsection (2) is to be determined inclusive of any time during which the person was detained by an immigration officer under section 312.

        Notes
        • Section 313 heading: amended, on , by section 8(1) of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).
        • Section 313(2): replaced, on , by section 8(2) of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).