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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:

"What happens if your deportation is delayed and you can't leave New Zealand as planned?"

Illustration for Immigration Act 2009

If you are being deported and the plane or ship is not available as planned, you might have to go back to custody. This can happen if the craft is delayed for more than 96 hours or is not available for any other reason. You will be treated the same way as you were before you were going to leave. If you were released from custody, you will have to go back to the person in charge of you. If you had conditions to follow, such as where you could live and who you had to report to under section 315 or section 324F, you might have to follow those conditions again. In some cases, an application can be made to keep you in detention under section 316. You will be affected by this rule if it is not possible for you to leave New Zealand at the expected time for any reason. This means you might have to wait longer to leave the country. The rules will apply to you 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.

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Topics:
Immigration and citizenship > Border control
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"Handing over a person in custody to immigration or police for deportation"

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Part 9Detention 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 324F, 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.

              Notes
              • Section 336(2)(b): amended, on , by section 55 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).