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Immigration Act 2009

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

443: Detention under former Act with warrant

You could also call this:

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

If you were being held under a warrant before section 404 of the Immigration Act 2009 started, that warrant will stay in effect for as long as it was meant to. This includes any time that passed before section 404 began. However, if someone needs to ask for another warrant to keep you detained, they must do this under section 316 of the Immigration Act 2009. The new Act will then apply to your case, with any changes that might be needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441396.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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442: Detention under former Act without warrant, or

“Continued detention without warrant under previous immigration law”

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444: Reconsiderations not determined before former Act repealed, or

“Undecided permit reconsiderations continue under old law, with new visas issued if approved”

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

443Detention under former Act with warrant

  1. This section applies to a person who, immediately before the commencement of section 404 of this Act, was being detained under a warrant of commitment issued under the former Act.

  2. Despite section 404 of this Act, a warrant of commitment issued under the former Act remains in force for the time period for which it was issued in respect of the person (calculated including any time that has elapsed before the commencement of section 404 of this Act). However, any application for a further warrant of commitment must be made under section 316 of this Act, and this Act applies accordingly with any necessary modifications.