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Immigration Act 2009

Detention and monitoring - Warrants of commitment

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

You could also call this:

“Detention or release conditions for suspected security threats awaiting deportation decision”

This section of the law is about what happens to people who are suspected of being a threat to security and have been arrested.

If you are one of these people, you might be kept in detention because of a warrant, or you might have been let out but have to follow certain rules.

The Minister has to decide if you really are a threat to security. If the Minister decides you’re not a threat, or if they don’t make a decision within 14 days of your arrest, two things happen:

  1. You can’t be arrested or kept in detention anymore for this reason.
  2. If you were being kept in a prison or other place, an immigration officer has to tell the person in charge of that place that you’re no longer considered a threat.

Remember, this only applies to people who were arrested because an immigration officer or police officer thought they might be a security threat.

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 It might be out of date or be missing some parts.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=DLM1441114.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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321: Special conditions where threat or risk to security, or

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

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323: Decisions on warrants of commitment where detention beyond 6 months, or

“Rules for deciding if someone can be kept in custody for more than 6 months during deportation”

Part 9 Detention and monitoring
Warrants of commitment

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

  1. This section applies in the case of a person who was arrested and detained on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security and who—

  2. is being detained pursuant to a warrant of commitment; or
    1. has been released on conditions under section 320.

      1. If the Minister decides not to certify that a person to whom this section applies constitutes a threat or risk to security, or fails to make a certification not later than 14 days after the initial arrest under section 313,—

      2. the person ceases to be liable to arrest and detention under this Part; and
        1. in the case of a person being detained under a warrant of commitment, an immigration officer must notify that fact in writing to the manager or other person in charge of the prison or premises identified in the warrant.

          Compare
          Notes
          • Section 322(1)(a): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).