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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Form of custody

334: Additional provisions relating to custody in approved premises

You could also call this:

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

If you are in custody in approved premises, the person in charge or someone acting for them can use physical force if they think it’s necessary. They can do this to stop you from hurting someone, damaging things, escaping, or to catch you if you’ve escaped. They can only use as much force as they need to.

If someone uses force on you, they must tell the person in charge. The person in charge must write down what happened and why force was used. They must then give you to a police officer as soon as they can.

The police officer must take you to a judge. The judge will look at your detention order and might change where you’re being held. If you don’t have a detention order, an immigration officer must ask for one or agree with you on where you’ll live and when you’ll report to them.

If you have to stay overnight with the police, they must keep you in a special way described in section 332.

This law doesn’t change any other laws about when it’s okay to use force.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441132.

Topics:
Crime and justice > Police and safety
Immigration and citizenship > Border control
Government and voting > Government departments
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333: Special provisions relating to custody, or

“Rules for holding people in custody under immigration law”

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335: Delivery of person into custody of immigration officer or police for purposes of deportation, or

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Part 9 Detention and monitoring
Form of custody

334Additional provisions relating to custody in approved premises

  1. Without limiting section 333(4), a person who is in charge of premises approved under section 330 and any person acting under the authority of that person may, for the purpose of giving effect to a warrant of commitment or detention under section 313, use such physical force as the person has reasonable grounds for believing is reasonably necessary—

  2. to prevent the person to whom the warrant or detention applies (the detainee) from harming any person; or
    1. to prevent the detainee from damaging any property; or
      1. to prevent the detainee from escaping or attempting to escape from custody; or
        1. to recapture the detainee, if the detainee is fleeing after having escaped from custody.

          1. A person who uses physical force for any of the purposes referred to in subsection (1)—

          2. may use no more physical force than is reasonably necessary in the circumstances; and
            1. must as soon as practicable report the relevant incident to the person in charge of the premises concerned.

              1. Where physical force is used in respect of a detainee by a person to whom subsection (1) applies, the person in charge of the premises concerned must—

              2. document the force used and the circumstances surrounding the use of that force; and
                1. as soon as is reasonably practicable, deliver the detainee into the custody of a constable for the purpose of bringing the detainee before a District Court Judge to determine the matters specified in subsection (4) or (5).

                  1. Where a detainee is delivered into the custody of a constable under subsection (3), and he or she is subject to a warrant of commitment,—

                  2. a constable must as soon as practicable bring the person before a District Court Judge to consider the terms of the warrant of commitment; and
                    1. the Judge may either confirm the existing warrant of commitment or amend the warrant by altering the place of detention specified in it (and, if appropriate, the person to whom it is addressed).

                      1. If a detainee is delivered into the custody of a constable under subsection (3) and he or she is detained under section 313, an immigration officer must as soon as practicable apply under section 316 for a warrant of commitment in respect of the person (unless the immigration officer agrees with the person to residence and reporting requirements under section 315).

                      2. The Judge may also issue a further warrant of commitment in accordance with the relevant provisions of this Part where an immigration officer makes a contemporaneous application for a further warrant under section 316.

                      3. A person who is delivered into the custody of a constable under this section and is to be detained overnight must be detained in the manner provided by section 332.

                      4. For the avoidance of doubt, nothing in this section limits or affects any provision of the Crimes Act 1961, or any rule of law, that renders any circumstances—

                      5. a justification or excuse for the use of force; or
                        1. a defence to a charge involving the use of force.

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