Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Arrest and detention

314: Persons arrested and detained pending making of deportation order

You could also call this:

“What happens if you're arrested and detained while awaiting a decision on deportation for security reasons”

This section talks about what happens when you are arrested and held because an immigration officer or police officer thinks you might be a threat to security. If this happens to you, a police officer must quickly tell the Minister about your case. The Minister will then decide if you are actually a threat to security. The Minister does this by looking at section 163 of the law. This all happens after you have been arrested and held under section 313 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441105.

Topics:
Immigration and citizenship > Border control
Crime and justice > Police and safety
Government and voting > Government departments
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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”

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315: Person may instead agree to residence and reporting requirements, or

“You can agree to follow certain rules instead of being arrested or detained”

Part 9 Detention and monitoring
Arrest and detention

314Persons arrested and detained pending making of deportation order

  1. This section applies in the case of a person arrested and detained under section 313 on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security.

  2. If subsection (1) applies, a constable must as soon as is practicable refer the case to the Minister to determine whether to certify, under section 163, that the person constitutes a threat or risk to security.

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