Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Warrants of commitment

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

You could also call this:

“Judge decides on detaining or releasing someone seen as a security risk”

This section of the law explains what happens when an immigration officer asks for permission to keep someone in detention. This applies to people who might be a threat to security or who have been ordered to leave New Zealand.

If you’re brought before a judge for this reason, the judge will first make sure you’re the right person. If you’re not the person named in the application, the judge will order your release right away.

If you are the right person, the judge has two options. They can either allow you to be kept in a specific place for up to 28 days, or they can let you go with certain conditions if they think it’s safe to do so. The judge will choose the second option if they believe letting you go won’t cause any problems for the public.

If the judge decides to let you go, they’ll set some rules for you to follow while you wait to leave New Zealand. These rules are explained in another part of the law called section 320.

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 It might be out of date or be missing some parts.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=DLM1441110.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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317E: Application for further warrant of commitment in respect of mass arrival group, or

“Requesting extended detention for mass arrival groups or individuals”

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319: Warrant of commitment, or

“Detention order for holding immigrants until deportation or release”

Part 9 Detention and monitoring
Warrants of commitment

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 320 pending the person’s deportation from New Zealand.