Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Warrants of commitment

320: Court may instead release person on conditions

You could also call this:

“Court can release you with specific rules to follow”

When a District Court Judge decides to release you under certain sections of the law, they can set conditions for your release. These conditions can be anything the judge thinks is appropriate. For example, you might be told to live at a specific address, report to a certain place at set times, or attend interviews if you’re seeking refugee status. The judge might also ask you to find someone who can make sure you follow the rules and report if you don’t. You might also be asked to do something to help with your deportation or leaving New Zealand.

If you’re given conditions, you’ll get them in writing before you’re released. The notice will warn you that if you don’t follow the rules, you could be detained again. These conditions start as soon as you’re released.

The conditions can be changed. A District Court Judge can change them if you or an immigration officer asks. You and an immigration officer can also agree to change some conditions without asking a judge.

If any conditions are changed, the changes start right away, but you’ll get them in writing as soon as possible.

You could be detained again if an immigration officer decides you haven’t followed the rules without a good reason. You could also be detained if an immigration officer asks for you to be held under a warrant of commitment, or to carry out your deportation or put you on a plane leaving New Zealand.

The conditions stop applying when you leave New Zealand or when you’re no longer at risk of being arrested and detained under this part 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 It might be out of date or be missing some parts.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=DLM1441112.

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

319: Warrant of commitment, or

“Detention order for holding immigrants until deportation or release”

Next

321: Special conditions where threat or risk to security, or

“Special rules for release when you might be a security risk”

Part 9 Detention and monitoring
Warrants of commitment

320Court may instead release person on conditions

  1. Where a District Court Judge orders a person’s release under section 317(1)(b)(ii), 318(3)(b), 323(3), or 324A(6)(b) on conditions, the conditions imposed on release may be any conditions that the Judge thinks fit to impose in the circumstances, including all or any of the following:

  2. a condition that the released person must reside at a specified place:
    1. a condition that the released person must report to a specified place at specified periods or times in a specified manner:
      1. if the person is a claimant, a condition that the released person must attend any required interview with a refugee and protection officer or hearing with the Tribunal:
        1. a condition that the released person provide a guarantor who is responsible for—
          1. ensuring compliance with any conditions imposed under this section; and
            1. reporting any failure to comply with those conditions:
            2. a condition that the person take a specified action for the purpose of facilitating the person’s deportation or departure from New Zealand.

              1. Where conditions are imposed on a released person under subsection (1),—

              2. the conditions must be notified in writing to the person before his or her release, and take effect on release; and
                1. the notice of conditions must include a warning that, if the person fails to comply with any condition, the person may be detained under section 312 or arrested and detained under section 313.

                  1. Conditions imposed under this section may be varied at any time—

                  2. by a District Court Judge on the application of the person released or an immigration officer under section 324:
                    1. by consent between the released person and an immigration officer, if—
                      1. the conditions imposed relate to the matters described in subsection (1)(a) or (b); or
                        1. the order imposing the conditions allows the variation.

                        2. A variation of a condition under subsection (3)—

                        3. takes effect immediately; but
                          1. must be put in writing, and notified to the released person, as soon as practicable.

                            1. A person may be detained under section 312 or arrested and detained under section 313—

                            2. if an immigration officer determines that the person, without reasonable excuse, has failed to comply with any conditions imposed under subsection (1) or varied under subsection (3); or
                              1. if an immigration officer makes an application under section 324(2) for an order that the person be detained under a warrant of commitment; or
                                1. to execute a deportation order or place the person on the first available craft leaving New Zealand.

                                  1. Conditions imposed under this section lapse, and the person ceases to be bound by them, when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part.

                                  Compare
                                  Notes
                                  • Section 320(1): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).