Immigration Act 2009

Detention and monitoring - Form of custody

333: Special provisions relating to custody

You could also call this:

“Rules for holding people in custody under immigration law”

When you are held in custody under this law, some special rules apply. If someone has a warrant to detain you, they can keep you in custody if they honestly believe you’re the person named in the warrant, even if there’s a mistake in how the warrant was issued.

If you’re held in custody, the person in charge of you must tell you that you can contact a lawyer or an adult you trust. If you’re under 18, you can contact a parent or guardian. If you ask, they must try their best to let your lawyer, trusted adult, parent, or guardian visit you and talk to you in private.

If you’re held in a prison, you must be treated according to the rules in the Corrections Act 2004 and any related regulations about how to treat people in prison under this law.

The person who has the warrant to keep you in custody can take reasonable steps to make sure the warrant is carried out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441130.

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

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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”


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334: Additional provisions relating to custody in approved premises, or

“Rules for using force and holding people in custody at approved places”

Part 9 Detention and monitoring
Form of custody

333Special provisions relating to custody

  1. Every person to whom a warrant of commitment is addressed under this Act is justified in detaining in accordance with the terms of the warrant any person who the addressee of the warrant believes on reasonable grounds to be the person named in the warrant, whether or not there is any defect in the issuing of the warrant.

  2. Where any person (the detainee) is held in custody under this Act (whether pursuant to a warrant of commitment or otherwise), the person responsible for the detainee’s custody must—

  3. inform the detainee of the detainee’s right to contact a lawyer or any responsible adult nominated by or in respect of the detainee under section 375 (or, where the detainee is under 18 years of age, a parent or guardian of the detainee); and
    1. on request by the detainee, any lawyer or agent acting for the detainee, or, where appropriate, any responsible adult, parent, or guardian, take all such reasonable steps as may be practicable to enable the lawyer or agent, or the responsible adult, parent, or guardian, to visit the detainee and communicate with the detainee in private.
      1. Where a person is detained under this Act in a prison, that person must be treated in accordance with the Corrections Act 2004 and any regulations made under that Act regulating the treatment of prisoners detained in prisons under this Act.

      2. A person to whom a warrant of commitment is addressed may take such reasonable measures as are necessary to give effect to the warrant.

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