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Immigration Act 2009

Detention and monitoring - Warrants of commitment and release on conditions

318: Decision on application for warrant if threat or risk to security

You could also call this:

"What happens if you're arrested and might be a threat to New Zealand's security?"

Illustration for Immigration Act 2009

You are in a situation where an immigration officer wants a warrant to keep you in detention. This happens if you were arrested because an immigration officer or police officer thinks you are a threat or risk to security, or if you have been ordered to be deported under section 163. A District Court Judge looks at your case. If the Judge thinks you are not the person the immigration officer is looking for, you will be released from custody immediately. The Judge can also decide to keep you in detention for up to 28 days, or release you with conditions under section 324F if it is not against the public interest. This means you might be allowed to leave detention if you follow certain rules while you are waiting to be deported from New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441110.

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Topics:
Crime and justice > Police and safety
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319: Warrant of commitment, or

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

318Decision on application for warrant if threat or risk to security

  1. This section applies where an immigration officer applies for a warrant of commitment to authorise the detention of a person—

  2. who was 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; or
    1. whose deportation has been ordered under section 163.

      1. A District Court Judge must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately.

      2. Except where subsection (2) applies, the Judge must—

      3. issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days; or
        1. if satisfied that the release of the person would not be contrary to the public interest, order that the person be released on conditions under section 324F pending the person’s deportation from New Zealand.

          Notes
          • Section 318(3)(b): amended, on , by section 40 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).