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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Special provision where epidemic management notice in force

338: Modification during epidemic of requirements to bring people before District Court Judge

You could also call this:

“Changes to court appearances during epidemics”

When there’s an epidemic management notice in place, the rules about bringing people to see a District Court Judge change. Usually, if the law says someone needs to see a judge regularly, they must be brought before the judge at set times. But during an epidemic, things work a bit differently.

Instead of bringing the person to the judge, the judge can look at the person’s case every 28 days. This means the judge will think about the person’s situation at least once a month, even if they can’t see the person face-to-face.

If the epidemic notice only applies to certain parts of New Zealand, then this new way of doing things only happens in those areas. In other parts of the country, the usual rules about seeing a judge would still apply.

This change helps keep things running smoothly during difficult times, while still making sure that people’s cases are being looked at regularly by a judge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441140.

Topics:
Crime and justice > Courts and legal help
Government and voting > Emergency management
Health and wellbeing > Public health
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337: During epidemic District Court may deal with certain matters on basis of documents only, or

“Court can review immigration cases using only documents during an epidemic”

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339: During epidemic certain warrants to have effect for 28 days, or

“Warrants for detention last 28 days during epidemics”

Part 9 Detention and monitoring
Special provision where epidemic management notice in force

338Modification during epidemic of requirements to bring people before District Court Judge

  1. This subsection applies to a requirement imposed by or under this Act if it requires a person to be brought before a District Court Judge at intervals of not more than a stated duration for consideration or further consideration of a question.

  2. While an epidemic management notice is in force, it is a sufficient compliance with a requirement to which subsection (1) applies if, at intervals of not more than 28 days, a District Court Judge considers or further considers the question concerned.

  3. If the notice applies to only stated parts of New Zealand, subsection (2) applies within those parts only.

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