Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Delivery of person for purpose of deportation

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

You could also call this:

“Handing over a person in custody to immigration or police for deportation”

If you’re being held in custody because of a warrant issued under this part of the law, an immigration officer or a police officer can ask the person in charge of the prison or place where you’re being held to hand you over to them. They do this so they can arrest you and hold you under section 313, or so an immigration officer can hold you under section 312. This is done to deport you or make you leave New Zealand. The person in charge of where you’re being held must do as they’re asked.

If you’re in prison serving a sentence, on the day you’re meant to be released, an immigration officer or police officer can ask that instead of letting you go, you’re handed over to them. Again, this is so a police officer can arrest and hold you under section 313, or an immigration officer can hold you under section 312. They do this to deport you or make you leave New Zealand. The person in charge of the prison must do as they’re asked.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441135.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Police and safety
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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”

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336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned, or

“Rules for deportees when planned transport is unavailable or delayed”

Part 9 Detention and monitoring
Delivery of person for purpose of deportation

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

  1. Where a person is being held in custody pursuant to a warrant of commitment issued under this Part, an immigration officer or a constable may request the manager or other person in charge of the prison or other premises in which that person is held in custody to deliver the person into the custody of a constable for arrest and detention under section 313 or an immigration officer for detention under section 312 for the purpose of executing the person’s deportation or effecting the person’s departure from New Zealand, and the manager or other person must deliver the person accordingly.

  2. Where a person is in prison undergoing imprisonment, an immigration officer or a constable may, on the date that the person is due to be released from imprisonment, request that, instead of releasing the person from custody, the manager or other officer in charge deliver the person into the custody of a constable for arrest and detention under section 313 or an immigration officer for detention under section 312 for the purpose of executing the person’s deportation or effecting the person’s departure from New Zealand, and the manager or other person must deliver the person accordingly.