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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Detention and monitoring

442: Detention under former Act without warrant

You could also call this:

“Continued detention without warrant under previous immigration law”

If you were being held without a warrant under the old immigration law just before the new law started, this rule applies to you. Even though the new law has begun, you can still be held without a warrant under the old law for as long as that law allowed. This includes the time you were already held before the new law began. However, if the authorities want to keep holding you or hold you for longer, they must ask for permission under the new law. The new law will then be used, with any changes needed to make it work in your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441395.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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“Extending detention beyond 6 months”

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443: Detention under former Act with warrant, or

“Old warrants for detention remain valid, but new ones follow current law”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Detention and monitoring

442Detention under former Act without warrant

  1. This section applies to a person who, immediately before the commencement of section 404 of this Act, was being detained without warrant under the former Act.

  2. Despite section 404 of this Act, the person may continue to be detained without warrant under the relevant section of the former Act for the time period allowed under that section (calculated including any time that has elapsed before the commencement of section 404 of this Act). However, any application for a warrant of commitment authorising the continued or further detention of the person must be made under section 316 of this Act, and this Act applies accordingly with any necessary modifications.