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Immigration Act 2009

Detention and monitoring - Warrants of commitment and release on conditions

316: Application for warrant of commitment

You could also call this:

"Asking to Keep Someone in Detention"

Illustration for Immigration Act 2009

You can be detained for up to 28 days if you are in New Zealand and it is not possible for you to leave. An immigration officer can ask a District Court Judge for a warrant to keep you in detention. This can happen if there is no craft available to take you from New Zealand. You might not be able to leave New Zealand if you cannot prove who you are. The Minister might not have decided if you are a threat to security. There could be other reasons why you cannot leave New Zealand. If an immigration officer asks for a warrant, they must make the application on oath. They must say why you should be detained and can include other evidence to support this. The Judge will decide on the application according to other sections of the law, such as section 317, 317AA, 318, or 323.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441108.

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Topics:
Immigration and citizenship > Border controlImmigration and citizenship > DetentionCrime and justice > Police and safety
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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"

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317: Decision on application for warrant of commitment (non-claimant), or

"A judge decides if someone who is not a claimant should be kept in custody or released."

Part 9Detention and monitoring
Warrants of commitment and release on conditions

316Application for warrant of commitment

  1. An immigration officer may apply to a District Court Judge for a warrant of commitment (or a further warrant of commitment) authorising a person’s detention for up to 28 days in any case where it becomes apparent, in the case of a person detained in custody under this Part, that before the expiry of the period for which detention is authorised—

  2. there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or
    1. the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or
      1. the Minister has not made, or is not likely to make, a decision as to whether to certify that the person constitutes a threat or risk to security; or
        1. for any other reason, the person is unable to leave New Zealand.

          1. Every application under this section—

          2. must be made on oath; and
            1. must include a statement of the reasons why the person should be the subject of a warrant of commitment; and
              1. may include any other supporting evidence.

                1. The Judge must determine the application under section 317, 317AA, 318, or 323, as appropriate.

                Compare
                Notes
                • Section 316(3): amended, on , by section 37 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).