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438: Person subject to Part 4A of former Act
or “Rules for people with special certificates under old immigration law”
You could also call this:

“People who can be arrested and held under the new immigration law”

When the Immigration Act 2009 starts, some people will be treated as if they can be arrested and detained under this new law. This includes people who were told to leave New Zealand under the old law, and people who were ordered to be deported under the old law.

If you’re one of these people and you’re already being held without a warrant when the new law starts, the authorities will need to get a new warrant to keep holding you. If you’re being held with a warrant, they’ll need to get another warrant to continue holding you.

If you’re one of these people but haven’t been detained yet, the authorities can detain you under section 312 or arrest and detain you under section 313 of the new law. They might also ask for a warrant to keep you in custody under section 316.

Remember, there are some other rules in sections 440 to 443 that might change how this works for some people.

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Next up: 440: Detention of person liable for turnaround

or “Rules for detaining people who may be sent back at the border”
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Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Detention and monitoring

439Certain persons deemed liable for arrest and detention under Part 9

  1. On and from the commencement of section 404 of this Act, the following persons must be treated as being liable for arrest and detention under this Act:

  2. a person subject to a removal order under section 54 of the former Act:
    1. a person subject to a deportation order under section 72, 73, 91, or 92 of the former Act.

      1. Without limiting subsection (1),—

      2. a warrant under Part 9 of this Act must be obtained at the appropriate time in order to continue to detain a person who—
        1. immediately before the commencement of section 404 of this Act is detained without warrant; and
          1. is a person described in subsection (1):
          2. a warrant under Part 9 of this Act (being a further warrant under that Part) must be obtained at the appropriate time in order to continue to detain a person who—
            1. immediately before the commencement of section 404 of this Act is detained under warrant; and
              1. is a person described in subsection (1):
              2. a person described in subsection (1) but not yet detained may be detained under section 312 of this Act or arrested and detained under section 313 of this Act and, if applicable, an application for a warrant of commitment may be made under section 316 of this Act in relation to the person.

                1. This section is subject to sections 440 to 443 of this Act.