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Immigration Act 2009

Detention and monitoring - Warrants of commitment and release on conditions

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

You could also call this:

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

Illustration for Immigration Act 2009

You can be released on conditions if a District Court Judge thinks you are not a claimant. This can happen if it seems you cannot leave New Zealand before your detention period ends. You might not be able to leave because there is no craft to take you, or you have not given proof of who you are. An immigration officer can ask a District Court Judge to release you on conditions. The officer must make this request on oath and explain why you should be released. The request can also include other supporting evidence. The Judge will decide on the request according to section 324D. You will be told the reasons for the decision. The Judge's decision will be based on the information given by the immigration officer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1561279.

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Topics:
Immigration and citizenship > Border controlCrime and justice > Courts and legal help
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324A: Review of mass arrival warrant, or

"Checking and Changing a Detention Order for a Big Group of People"

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324C: Application for release on conditions (claimant), or

"Asking to be freed with rules while waiting for a decision"

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

324BApplication for release on conditions (non-claimant)

  1. This section applies to a person who a District Court Judge is satisfied is not a claimant if,—

  2. in respect of a person detained in custody under this Part, it becomes apparent that, before the expiry of the period for which detention is authorised,—
    1. there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or
      1. the person will not, or is unlikely to, supply satisfactory evidence of their identity; or
        1. the Minister has not made, or is not likely to make, a decision as to whether to certify that the person constitutes a threat or risk to security; or
          1. for any other reason, the person is unable to leave New Zealand; or
          2. in respect of a person who is liable to arrest and detention (but is not detained in custody) under this Part, it becomes apparent that—
            1. there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or
              1. the person has not supplied satisfactory evidence of their identity; or
                1. the Minister has not decided whether to certify that the person constitutes a threat or risk to security; or
                  1. for any other reason, the person is unable to leave New Zealand.

                  2. An immigration officer may apply to a District Court Judge for an order releasing the person on conditions.

                  3. The application—

                  4. must be made on oath; and
                    1. must include a statement of the reasons why the person should be released on conditions; and
                      1. may include any other supporting evidence.

                        1. The Judge must determine the application under section 324D.

                        Notes
                        • Section 324B: inserted, on , by section 47 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).