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Immigration Act 2009

Detention and monitoring - Warrants of commitment

317D: District Court may impose reporting requirements

You could also call this:

“Court can require updates on mass arrival warrants and adjust them as needed”

When a District Court Judge issues or changes a mass arrival warrant, they can tell an immigration officer to report back to the court. This report is about why the warrant is still needed. The judge decides when these reports happen, but it can’t be more than once every 28 days while the warrant lasts.

If the judge hears a report and thinks the reasons for the warrant won’t apply anymore, they can make the warrant end sooner. They do this by shortening how long the warrant lasts and changing it to match the new, shorter time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5296639.

Topics:
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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317C: Variation of mass arrival warrant, or

“Changing a group arrest order to include more people”

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317E: Application for further warrant of commitment in respect of mass arrival group, or

“Requesting extended detention for mass arrival groups or individuals”

Part 9 Detention and monitoring
Warrants of commitment

317DDistrict Court may impose reporting requirements

  1. When issuing a mass arrival warrant under section 317B or varying a mass arrival warrant under section 317C, a District Court Judge may order an immigration officer to report to the court, on a day or days determined by the Judge, but no more than once every 28 days for the duration of the warrant, on the continuing applicability of the reasons for the necessity of the warrant in terms of section 317A(1)(a).

  2. A District Court Judge may shorten the period of a mass arrival warrant or a varied mass arrival warrant, and vary the warrant accordingly, if, after receiving a report, he or she is satisfied that those reasons will no longer apply after the expiry of the shortened period.

Notes
  • Section 317D: inserted, on , by section 12 of the Immigration Amendment Act 2013 (2013 No 39).