Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Warrants of commitment and release on conditions

324A: Review of mass arrival warrant

You could also call this:

"Asking a Judge to Change a Mass Arrival Warrant"

Illustration for Immigration Act 2009

You can ask a District Court Judge to change a mass arrival warrant. A mass arrival warrant is when a group of people arrive in New Zealand and are detained. The Judge can change the warrant to shorten the time it applies or to move people to a different place. If you are an immigration officer, you can ask the Judge to change the warrant at any time. You must tell the Judge why you want to make the change and give them a copy of the warrant. The Judge will then decide whether to make the change. You can also ask the Judge to release a person from the group or to give them conditions to follow. If the Judge decides to release someone, they are no longer part of the group and must follow the same rules as everyone else in New Zealand. The Judge must then update the warrant to remove the person's name. The Judge can change the place where people are being held at any time. They can also decide to release someone or give them conditions to follow, but only if they think it is a good idea. You can find more information about this in section 317B, section 317E(1)​(a), section 317A(1)​(a), and section 316(1). If you want to release someone on conditions, the Judge will think about section 324F, section 316, section 317, 317AA, 318, or 323. Remember, if someone is released, they are no longer part of the group and the Judge must update the warrant.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5297329.

This page was last updated on — View changes

Topics:
Immigration and citizenship > VisasImmigration and citizenship > Border controlCrime and justice > Courts and legal help
Previous

324: Review of warrant of commitment or release on conditions, or

"Asking a Judge to Change Your Custody or Release Conditions"

Next

324B: Application for release on conditions (non-claimant), or

"Asking to be freed with rules if you're not seeking refugee status"

Part 9Detention and monitoring
Warrants of commitment and release on conditions

324AReview of mass arrival warrant

  1. In this section, warrant of commitment means—

  2. a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and
    1. a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group).

      1. At any stage during the currency of a warrant of commitment, an immigration officer may apply to a District Court Judge for a variation of the warrant for either or both of the following reasons:

      2. to shorten the period that the warrant applies:
        1. to provide for 1 or more persons detained under the warrant to be detained in a place or places other than the place or places currently specified in the warrant for those persons.

          1. An application made under subsection (2) must—

          2. be made on oath; and
            1. include—
              1. a copy of the warrant to be varied; and
                1. a statement of the reasons for the application.

                2. On an application under subsection (2)(a), a District Court Judge must vary the period of the warrant of commitment—

                3. to the period sought in the application; or
                  1. to a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
                    1. the reasons for the necessity of the warrant in terms of section 317A(1)(a) will no longer apply; or
                      1. the circumstances described in paragraphs (a) to (d) of section 316(1) will no longer apply in respect of each person subject to the varied warrant.

                      2. On an application under subsection (2)(a), a District Court Judge may also vary, on his or her motion or upon application by a party, the place or places of detention named in the warrant.

                      3. On an application under subsection (2)(b), a District Court Judge may vary the warrant of commitment, but only to authorise the detention of the persons in a place or places other than the place or places currently specified in the warrant for those persons.

                      4. At any stage during the currency of a warrant of commitment, an immigration officer may, in respect of a particular individual detained under the warrant, apply to a District Court Judge for—

                      5. a warrant of commitment for the individual as an individual; or
                        1. an order that the individual be released on conditions under section 324F; or
                          1. an order that the individual be released.

                            1. An application for a warrant of commitment under subsection (6)(a) must be made under section 316 and determined by a District Court Judge in accordance with subsection (3) of that section.

                            2. An application for release on conditions under subsection (6)(b) must be considered having regard to section 317, 317AA, 318, or 323, as appropriate.

                            3. If a member of a mass arrival group is dealt with under subsection (6),—

                            4. 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 (9)(a) is for the avoidance of doubt.

                                  Notes
                                  • Section 324A: inserted, on , by section 14 of the Immigration Amendment Act 2013 (2013 No 39).
                                  • Section 324A(4A): inserted, on , by section 13 of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).
                                  • Section 324A(6)(b): amended, on , by section 46(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                                  • Section 324A(8): amended, on , by section 46(2) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).