324DDecision on application for release on conditions (non-claimant)

1. On an application under section 324B, a District Court Judge may—

2. order the person’s release on conditions; or
3. issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days.

4. A Judge may release the person on conditions if satisfied on the balance of probabilities that the person in custody is the person named in the application and that any 1 or more of the following apply:

5. a craft is likely to be available, within the proposed period of the release on conditions, to take the person from New Zealand:
6. the reasons why a craft was not available to take the person from New Zealand continue to exist and are likely to continue to exist, but not for an unreasonable period:
7. the other reasons the person was not able to leave New Zealand continue to exist and are likely to continue to exist, but not for an unreasonable period:
8. the person has not supplied satisfactory evidence of their identity.

9. If subsection (2) does not apply, the Judge may still order the person’s release on conditions if the Judge is satisfied that, in all the circumstances, it is in the public interest to do so.

10. In determining under this section whether to order the person’s release on conditions, or whether to issue a warrant of commitment, the Judge must have regard to, among other things, the need to seek an outcome that maximises compliance with this Act.