324CApplication for release on conditions (claimant)

1. This section applies to a person who a District Court Judge is satisfied is 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
   2. 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
   3. for any other reason, the person is unable to leave New Zealand; or
3. 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
   2. the Minister has not decided whether to certify that the person constitutes a threat or risk to security; or
   3. for any other reason, the person is unable to leave New Zealand.

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

5. The application—

6. must be made on oath; and
7. must include a statement—
   1. of the reasons why the person should be released on conditions; and
   2. that explains the threat or risk to security that the person poses; and
   3. that explains how releasing the person on conditions is reasonable in all the circumstances, proportionate, and the least restrictive measure necessary to manage the threat or risk to security; and
8. may include any other supporting evidence.

9. The Judge must determine the application under section 324E.