Immigration Act 2009

Detention and monitoring - Warrants of commitment and release on conditions

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

You could also call this:

"What happens if you're detained or released while waiting for a deportation decision"

Illustration for Immigration Act 2009

You are detained if an immigration officer or police think you are a threat to security. You can be held in prison with a warrant of commitment or released with conditions under section 324F. If the Minister decides you are not a threat, you are no longer liable to arrest. You will get written notice if the Minister decides you are not a threat. This notice goes to the prison manager if you are detained, or to you if you are released on conditions under certain sections like section 317(1)(b)(ii), 318(3)(b), or 324F. The Minister must make this decision within 14 days of your initial arrest under section 313.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441114.

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

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 324F.
      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. an immigration officer must give written notice of that fact,—
          1. in the case of a person being detained under a warrant of commitment, to the manager or other person in charge of the prison or premises identified in the warrant; or
            1. in the case of a person released on conditions under section 317(1)(b)(ii), 318(3)(b), 323(3), 324A(6)(b), 324D, 324E, or 324F, to the person.
            Compare
            Notes
            • Section 322(1)(a): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
            • Section 322(1)(b): amended, on , by section 43(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
            • Section 322(2)(b): replaced, on , by section 43(2) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).