Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Warrants of commitment

319: Warrant of commitment

You could also call this:

“Detention order for holding immigrants until deportation or release”

A warrant of commitment tells the manager of a prison or other specified place to keep you there until certain things happen. If you’re waiting to be sent out of New Zealand, they can hold you until an immigration officer or police officer comes to take you to catch the first available transport out of the country. If you’re being deported, they can keep you until an officer comes to carry out your deportation order. They must let you go if an immigration officer says you’re no longer under arrest, if a judge orders your release, or if the warrant expires. The time you spend in custody doesn’t include any time you might have escaped. If you do escape, they can add up to 96 hours to your detention time once they catch you again.

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 It might be out of date or be missing some parts.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=DLM1441111.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
Previous

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

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

Next

320: Court may instead release person on conditions, or

“Court can release you with specific rules to follow”

Part 9 Detention and monitoring
Warrants of commitment

319Warrant of commitment

  1. A warrant of commitment authorises the manager of the prison or the person in charge of the premises identified in the warrant to detain the person to whom the warrant relates until the earliest of the following:

  2. in the case of a person liable for turnaround, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for the purpose of placing the person on the first available craft to leave New Zealand:
    1. in the case of a person liable for deportation, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for the purpose of executing the deportation order:
      1. written notification is received from an immigration officer that the person has ceased to be liable to arrest and detention under this Part:
        1. a Judge orders the release of the person:
          1. the warrant of commitment expires.

            1. The period for which detention is authorised by a warrant of commitment must be calculated exclusive of any period commencing on the date on which the person to whom the warrant relates escapes from lawful custody and ending 96 hours after the date on which the person is again taken into custody under this Act.

            Compare