Immigration Act 2009

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

341: Calculation of consecutive period of detention for purposes of section 323

You could also call this:

“How detention time is counted during an epidemic”

When calculating how long you have been held in detention under warrants related to this part of the law, there are special rules that apply during an epidemic. If there’s an epidemic management notice in effect, the time you spend in detention during this period doesn’t count towards your total detention time. However, this doesn’t mean that your detention is no longer considered continuous. The periods before and after the epidemic notice are still treated as one ongoing detention.

If the epidemic management notice only applies to certain areas in New Zealand, these special rules for calculating detention time only work in those specific areas.

You can find more information about how long you can be detained in section 323 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441143.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Emergency management

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

341Calculation of consecutive period of detention for purposes of section 323

  1. In calculating for the purposes of section 323 the consecutive period for which a person has been detained under 1 or more warrants of commitment under this Part,—

  2. no account is to be taken of any periods of detention occurring while an epidemic management notice is in force; but
    1. periods of detention do not cease to be consecutive just because they include periods during which an epidemic management notice was in force.
      1. If the epidemic management notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only.