Immigration Act 2009

Detention and monitoring - Warrants of commitment and release on conditions

321: Special conditions where threat or risk to security

You could also call this:

"Special rules to keep you and others safe if you're released from detention"

You might be released from detention with special conditions. This happens if a District Court Judge decides to let you out under certain rules. The Judge can stop you from using things like phones or the Internet, except to talk to a lawyer or get immigration advice. You can only use these things to get legal or immigration help. The Judge makes these rules to keep everyone safe. The rules are part of your release conditions. The conditions are set out in section 318 and section 324F. These sections explain how you can be released and what rules you must follow. You must follow these rules to stay out of detention.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441113.

This page was last updated on 4 April 2026 — View changes

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320: Court may instead release person on conditions, or

"Court can let you go with rules instead of keeping you in custody"

322: Persons detained under warrant of commitment or released on conditions pending making of deportation order, or

"What happens if you're arrested and waiting to see if you'll be deported from New Zealand"

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

321Special conditions where threat or risk to security

This section applies if a District Court Judge determines to order the release of a person to whom section 318 applies on conditions in accordance with section 318(3)(b).
The conditions on release imposed under section 324F may also include a condition that the person not have access to or use specified communication devices or facilities (such as a telephone, the Internet, or an email service), except for the purposes of seeking and receiving legal or immigration advice (or both).

Notes

Section 321: replaced, on 28 November 2025, by section 42 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).