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Immigration Act 2009

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

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

You could also call this:

“Warrants for detention last 28 days during epidemics”

When an epidemic management notice starts, warrants that tell people to stay in detention will last for 28 days. This applies even if the warrant was made before the epidemic notice began. This rule is more important than any other rules that might say something different.

This 28-day rule doesn’t apply to warrants for large groups of people arriving at once if those warrants are already for more than 28 days.

If the epidemic notice only applies to certain parts of New Zealand, then these rules about warrants only apply in those areas.

A warrant is a legal document that gives permission for something to happen. In this case, it allows the government to keep someone in detention.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441141.

Topics:
Immigration and citizenship > Border control
Government and voting > Emergency management
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338: Modification during epidemic of requirements to bring people before District Court Judge, or

“Changes to court appearances during epidemics”

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“Changes to immigration conditions allowed during epidemics”

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

339During epidemic certain warrants to have effect for 28 days

  1. If a warrant of commitment issued under this Act was in force immediately before the commencement of an epidemic management notice, it has effect as if it had authorised the detention of the person named in it for a period of 28 days.

  2. Subsection (1) overrides every provision of this Act to the contrary.

  3. In subsection (1), warrant of commitment does not include a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group) for a period of more than 28 days.

  4. If the notice applies to only stated parts of New Zealand, subsections (1) and (2) apply within those parts only.

Compare
Notes
  • Section 339 heading: amended, on , by section 82(1) of the Immigration Amendment Act 2015 (2015 No 48).
  • Section 339(2A): inserted, as section 339 first subsection (3), on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
  • Section 339(2A) subsection number: replaced, on , by section 82(2) of the Immigration Amendment Act 2015 (2015 No 48).