Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Form of custody

330: Approval of premises for purpose of immigration detention

You could also call this:

“Chief executive can approve places to hold people for immigration reasons, with some limits”

The chief executive can approve any place for keeping people who are being held for immigration reasons. This means the chief executive can decide where people will stay when they are detained under the Immigration Act.

However, there’s an important rule about a special situation called a ‘mass arrival group’. If a large group of people arrives together, the chief executive can’t use a police station or a prison to keep them while waiting for a special permission called a ‘mass arrival warrant’. This rule is explained in section 313(2)(b)(ii) of the Act.

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 It might be out of date or be missing some parts.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=DLM1441127.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
Previous

329: Arresting or detaining officer may seek assistance, or

“Police or immigration officers can ask others for help when arresting or detaining someone”

Next

331: Form of custody of persons detained without warrant overnight, or

“Overnight accommodation for people detained without warrant”

Part 9 Detention and monitoring
Form of custody

330Approval of premises for purpose of immigration detention

  1. The chief executive may approve any premises for the purpose of detention under this Act.

  2. Despite subsection (1), the chief executive may not approve a police station or prison as a place that may be used to detain 1 or more members of a mass arrival group under section 313(2)(b)(ii) pending determination of an application for a mass arrival warrant.

Notes
  • Section 330(2): inserted, on , by section 14 of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).