Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Delivery of person for purpose of deportation

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

You could also call this:

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

If you are being deported from New Zealand and the planned transport isn’t available, here’s what happens:

If the vehicle or aircraft that was supposed to take you out of New Zealand can’t be used, is delayed for more than 4 days, or if there’s any other reason you can’t leave when expected, some rules apply.

If you were let out of custody with a warrant, you have to go back to the person who was in charge of you. The warrant is still valid.

If you were allowed to live somewhere with rules about reporting to authorities, you might be allowed to do that again.

In other cases, someone can ask for a new warrant to keep you in custody for longer.

These rules make sure that if your departure is delayed, there’s a plan to either keep you in custody or under supervision until you can leave New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441137.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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335: Delivery of person into custody of immigration officer or police for purposes of deportation, or

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

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

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

  1. This section applies if the following circumstances arise:

  2. a craft that was to take from New Zealand a person in relation to whom a deportation order is being executed, or whose departure is being effected,—
    1. ceases to be available for any reason; or
      1. is, or is likely to be, delayed in New Zealand for more than 96 hours; or
      2. for any other reason it is not practicable in all the circumstances for the person to leave New Zealand at the expected time.

        1. When this section applies,—

        2. a person who was released from custody pursuant to a warrant of commitment must be returned to the custody of the person to whom the warrant of commitment was addressed, and for that purpose the warrant remains in full force and effect:
          1. a person who has been subject to residence and reporting conditions under section 315, or released on conditions under section 320, may once again be released on those conditions:
            1. in any other case, an application may be made under section 316 for a warrant of commitment authorising the further detention of the person.