Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Form of custody

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

You could also call this:

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

When you are to be kept in custody under a warrant of commitment, there are different places where you might be held. If you are under 18 years old and not married or in a civil union, a District Court Judge will decide where you should stay. This could be in a residence approved by the chief executive of the department in charge of the Oranga Tamariki Act 1989, or in a place agreed upon by an immigration officer and your parent, guardian, or responsible adult. It could also be in premises approved by the chief executive under section 330.

If you are 18 or older, or if you are under 18 but married or in a civil union, you will either be held in a prison or in other premises that the Judge approves. These other premises must also be approved by the chief executive under section 330.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441129.

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Immigration and citizenship > Visas
Immigration and citizenship > Border control
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“Overnight accommodation for people detained without warrant”

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“Rules for holding people in custody under immigration law”

Part 9 Detention and monitoring
Form of custody

332Form of custody of persons detained under warrant of commitment

  1. Every person who is to be detained in custody under a warrant of commitment 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 a place approved for the purpose by the District Court Judge before whom the person is brought, being—
    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
        1. premises approved by the chief executive under section 330; or
        2. in any other case,—
          1. in a prison; or
            1. in other premises approved for the purpose by the Judge, being premises approved by the chief executive under section 330.

            Compare
            Notes
            • Section 332(a): amended, on , by section 81(1) of the Immigration Amendment Act 2015 (2015 No 48).
            • Section 332(a)(i): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 332(a)(ii): amended, on , by section 81(2) of the Immigration Amendment Act 2015 (2015 No 48).