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Immigration Act 2009

Detention and monitoring - Warrants of commitment

324A: Review of mass arrival warrant

You could also call this:

“Judge can review and change a warrant for a group arriving together”

You can ask for a review of a mass arrival warrant. This is a special kind of warrant used for groups of people who arrive in New Zealand together.

If you’re an immigration officer, you can ask a judge to change the warrant. You might want to make it last for a shorter time or change where people are being kept.

To ask for these changes, you need to write down why you want them and include a copy of the current warrant. You have to swear that what you’re saying is true.

The judge can decide to make the warrant shorter if the reasons for having it are no longer important. They can also change where people are being kept.

If you’re an immigration officer, you can also ask the judge to deal with one person from the group differently. You might want them to have their own warrant, be released with some rules to follow, or be let go completely.

If the judge decides to treat someone separately, that person isn’t part of the group anymore. They’ll be treated like anyone else under the immigration laws.

Remember, these rules are about helping manage large groups of people arriving in New Zealand at the same time. The aim is to be fair and look after everyone’s needs.

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

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Part 9 Detention and monitoring
Warrants of commitment

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 320; 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, 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).