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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Warrants of commitment

316: Application for warrant of commitment

You could also call this:

“Asking a judge to keep someone in immigration detention”

If you’re being held by immigration officials, they can ask a judge for permission to keep you for up to 28 days. This is called a warrant of commitment. They might do this if they think that before your current detention ends:

You won’t have a way to leave New Zealand, like a plane or ship.

You can’t or won’t prove who you are.

The Minister hasn’t decided if you’re a security risk and might not decide in time.

You can’t leave New Zealand for some other reason.

When immigration officers ask for this warrant, they need to:

Swear that what they’re saying is true.

Explain why they think you should be kept in detention.

They can also give other proof to support their request.

After the immigration officer asks for the warrant, the judge will decide what to do based on section 317, 318, or 323 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 It might be out of date or be missing some parts.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=DLM1441108.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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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, or

“Judge decides whether to hold or release someone after an application for a warrant of commitment”

Part 9 Detention and monitoring
Warrants of commitment

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, 318, or 323, as appropriate.

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