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Immigration Act 2009

Detention and monitoring - Warrants of commitment

324: Review of warrant of commitment or release on conditions

You could also call this:

“How to change detention or release conditions for immigration cases”

This law is about how you can change or review a warrant of commitment or conditions of release for someone who is being held or monitored by immigration.

If you’re an immigration officer, you can ask a District Court Judge to change a warrant of commitment, release someone on conditions, or release them from custody completely. You can do this at any time while the warrant is active.

If someone is already released on conditions, you can ask a judge to put them back in detention or change their conditions.

If you’re the person being detained, you can also ask a judge to change your warrant or to be released on conditions. But you need the judge’s permission first. You can only get this if there’s new information that’s important to your case and wasn’t available when the original decision was made.

If you’re released on conditions, you can ask to have those conditions changed. Again, you need the judge’s permission and new information.

When the judge looks at these requests, they must consider the rules in section 317, 318, or 323, depending on your situation.

Remember, these rules don’t apply to mass arrival warrants or further warrants for mass arrival groups. Those have different rules.

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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.

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

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324A: Review of mass arrival warrant, or

“Judge can review and change a warrant for a group arriving together”

Part 9 Detention and monitoring
Warrants of commitment

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 320; or
          1. an order that the person be released from custody.

            1. At any stage when a person is released on conditions under section 320 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 320.

                    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(6): amended, on , by section 13(2) of the Immigration Amendment Act 2013 (2013 No 39).