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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Warrants of commitment

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

You could also call this:

“Requesting extended detention for mass arrival groups or individuals”

You can ask a judge for more time to keep people in a mass arrival group detained. This can be done for the whole group or just some people in it. If it’s for the whole group, you can ask for up to 28 more days. You need to follow certain rules when asking, and the judge will use specific guidelines to decide.

If you’re asking about specific people in the group, you need to use a different process. The judge will look at each person’s case separately.

If the judge decides to treat someone from the group as an individual:

  • They’re not part of the mass arrival group anymore.
  • They’ll be treated like any other person under the law.
  • The judge will change the group’s detention order to show that this person is no longer part of it.

These rules are to make sure everything is clear about how to handle people in mass arrival groups.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5296640.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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317D: District Court may impose reporting requirements, or

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

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318: Decision on application for warrant if threat or risk to security, or

“Judge decides on detaining or releasing someone seen as a security risk”

Part 9 Detention and monitoring
Warrants of commitment

317EApplication for further warrant of commitment in respect of mass arrival group

  1. An immigration officer may apply to a District Court Judge for a further warrant of commitment authorising the continued detention of—

  2. all or specified members of a mass arrival group, as members of a mass arrival group; or
    1. 1 or more members of a mass arrival group as individuals.

      1. An application for a further warrant of commitment under subsection (1)(a) may be for a period of not more than 28 days and must—

      2. comply with section 317A(2), and that section applies with any necessary modifications; and
        1. be determined by a District Court Judge in accordance with section 317B, and that section applies with any necessary modifications.

          1. An application for a further warrant of commitment under subsection (1)(b) must be made under section 316 and determined by a District Court Judge in accordance with subsection (3) of that section.

          2. If a member of a mass arrival group is dealt with under subsection (3),—

          3. he or she—
            1. is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and
              1. must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and
              2. the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.

                1. Subsection (4)(a) is for the avoidance of doubt.

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