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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Arrest and detention

315: Person may instead agree to residence and reporting requirements

You could also call this:

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

Instead of being arrested or having a warrant of commitment applied for, you can agree with an immigration officer to follow certain rules. These rules might include living at a specific place, reporting to a certain place at set times, having someone responsible for making sure you follow the rules, attending interviews if you’re seeking refugee status, or doing other things to help with your departure from New Zealand.

The immigration officer gets to decide if they want to offer you this agreement. They can also change the rules if you both agree. The agreement must be written down and include a warning that if you don’t follow the rules, you might be detained.

The immigration officer can end the agreement at any time if they want to. If you don’t follow the rules without a good reason, if the officer ends the agreement, or if they need to deport you, you might be detained.

The agreement stops when you leave New Zealand or when you’re no longer at risk of being arrested and detained under this part of the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441106.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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“What happens if you're arrested and detained while awaiting a decision on deportation for security reasons”

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316: Application for warrant of commitment, or

“Asking a judge to keep someone in immigration detention”

Part 9 Detention and monitoring
Arrest and detention

315Person may instead agree to residence and reporting requirements

  1. Rather than causing a person who is liable for arrest and detention to be arrested under section 313, or making an application for a warrant of commitment under section 316, an immigration officer and the person liable for arrest and detention may agree that the person will do all or any of the following things:

  2. reside at a specified place:
    1. report to a specified place at specified periods or times in a specified manner:
      1. provide a guarantor who is responsible for—
        1. ensuring the person complies with any requirements agreed under this section; and
          1. reporting any failure by the person to comply with those requirements:
          2. if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal:
            1. undertake any other action for the purpose of facilitating the person’s deportation or departure from New Zealand.

              1. A decision as to whether to offer or agree residence and reporting requirements under subsection (1) is a matter for the absolute discretion of an immigration officer.

              2. An immigration officer may at any time vary any residence or reporting requirements under this section at the request or with the agreement of the person.

              3. The agreement or variation of any residence or reporting requirements must be in writing and must—

              4. list any requirements agreed under subsection (1) or (3); and
                1. include a warning that, if the person fails to comply with any agreed requirement, the person may be detained under section 312 or arrested and detained under section 313.

                  1. An immigration officer may at any time, in the officer’s absolute discretion, decide to end any agreement made under subsection (1).

                  2. A person may be detained under section 312 or arrested and detained under section 313—

                  3. if an immigration officer determines that the person, without reasonable excuse,—
                    1. has failed to reside at the specified place; or
                      1. has failed to comply with other agreed requirements; or
                      2. if an immigration officer ends an agreement under subsection (5); or
                        1. in order to execute a deportation order or place the person on the first available craft leaving New Zealand.

                          1. An agreement under this section lapses and the person ceases to be bound by it when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part.

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