Plain language law

New Zealand law explained for everyone

We haven’t prepared a plain language version of this yet

We haven’t created a plain language version of this legislation yet. We’re working through New Zealand’s laws to make them more accessible to everyone, focusing on areas that impact the most people first.

If you’d like to see this particular legislation explained in plain language, please email us at hello@ackama.com with the subject “Plain language law” and mention this page — we’ll be happy to add it to our priority list.

Request a plain language version

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).