Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Form of custody

331: Form of custody of persons detained without warrant overnight

You could also call this:

“Overnight accommodation for people detained without warrant”

If you are placed in custody under section 313 and need to stay overnight, there are different rules about where you will be kept.

If you are under 18 years old and not married or in a civil union, you will stay in one of two places. You might stay in a residence or other place run by or approved by the person in charge of the department that looks after the Oranga Tamariki Act 1989. Or you might stay somewhere else that an immigration officer and your parent, guardian, or responsible adult agree on.

If you are 18 or older, or if you are under 18 but married or in a civil union, you will stay in one of two places. You might stay in a place approved by the person in charge under section 330. Or you might stay at a police station.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441128.

Topics:
Immigration and citizenship > Border control
Family and relationships > Children and parenting
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330: Approval of premises for purpose of immigration detention, or

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

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332: Form of custody of persons detained under warrant of commitment, or

“Where detained people are held based on age and marital status”

Part 9 Detention and monitoring
Form of custody

331Form of custody of persons detained without warrant overnight

  1. Every person who is placed in custody under section 313 and is to be detained overnight must be detained,—

  2. in the case of a person under 18 years of age who is not married or in a civil union, in—
    1. a residence (within the meaning of section 2(1) of the Oranga Tamariki Act 1989) or other premises under the control of, or approved by, the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989; or
      1. any other premises agreed to by an immigration officer and the person’s parent, guardian, or responsible adult; or
      2. in any other case, in—
        1. premises approved by the chief executive under section 330; or
          1. a police station.

          Compare
          Notes
          • Section 331(a): amended, on , by section 80(1) of the Immigration Amendment Act 2015 (2015 No 48).
          • Section 331(a)(i): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 331(a)(ii): amended, on , by section 80(2) of the Immigration Amendment Act 2015 (2015 No 48).