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Immigration Act 2009

Detention and monitoring - Warrants of commitment and release on conditions

324: Review of warrant of commitment or release on conditions

You could also call this:

"Asking a Judge to Change a Decision About Being in Custody"

Illustration for Immigration Act 2009

You can ask a District Court Judge to change a warrant of commitment. A warrant of commitment is a document that says you must stay in custody. You can ask the Judge to change the warrant or release you on conditions. If you are released on conditions, you can ask the Judge to change those conditions. You can also ask the Judge to put you in custody again. The Judge will consider your application and make a decision. You need to get the Judge's permission to make an application. The Judge will only give you permission if new information has come up that is important to your case. This new information must not have been available when the warrant of commitment was made. When the Judge considers your application, they will think about what is fair and reasonable. They will look at sections 317, 318, or 323 of the Immigration Act 2009 to help them make a decision. The Judge's decision will depend on the details of your case. You can ask for a review of a warrant of commitment or release on conditions at any time. An immigration officer can also ask for a review. The Judge will consider the application and make a decision based on the information available.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441118.

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Crime and justice > Courts and legal helpImmigration and citizenship > Border control
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Part 9Detention and monitoring
Warrants of commitment and release on conditions

324Review of warrant of commitment or release on conditions

  1. In this section, warrant of commitment does not include—

  2. a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); or
    1. a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group).

      1. At any stage during the currency of a warrant of commitment an immigration officer may apply to a District Court Judge for—

      2. a variation of the warrant of commitment; or
        1. an order that the person who is detained under the warrant be released on conditions under section 324F; or
          1. an order that the person be released from custody.

            1. At any stage when a person is released on conditions under section 324F an immigration officer may apply to a District Court Judge for—

            2. an order that the person who is released on conditions be detained under a warrant of commitment; or
              1. a variation of conditions.

                1. Subject to subsection (5), a person detained under a warrant of commitment may apply to a District Court Judge for—

                2. a variation of the warrant of commitment; or
                  1. an order that the person be released on conditions under section 324F.

                    1. Subject to subsection (5), a person released on conditions may apply to a District Court Judge seeking a variation of those conditions.

                    2. An application under subsection (3) or (4) must be made with the leave of a District Court Judge, which may be granted only if the Judge is satisfied that new information has become available that—

                    3. is material to the person’s ongoing detention or release on conditions; and
                      1. was unavailable at the time the warrant of commitment or the decision to release on conditions was made.

                        1. An application for a review of a warrant of commitment or release on conditions must be considered having regard to section 317, 318, or 323, as appropriate.

                        Notes
                        • Section 324(1AA): inserted, on , by section 13(1) of the Immigration Amendment Act 2013 (2013 No 39).
                        • Section 324(1)(b): amended, on , by section 45(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                        • Section 324(2): amended, on , by section 45(2) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                        • Section 324(3)(b): amended, on , by section 45(3) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                        • Section 324(6): amended, on , by section 13(2) of the Immigration Amendment Act 2013 (2013 No 39).