324FRelease on conditions

1. This section applies if a District Court Judge orders a person’s release under section 317(1)(b)(ii), 318(3)(b), 323(3), 324A(6)(b), 324D, or 324E on conditions.

2. The Judge must impose the following conditions:

3. a condition that the released person report to a specified place for specified periods or at specified times in a specified manner:
4. if the person is a claimant, a condition that the released person attend any—
   1. interview that a refugee and protection officer may require under section 149(1)(f); or
   2. hearing with the Tribunal.

5. In addition to the conditions in subsection (2), the Judge may impose any other condition that the Judge thinks fit to impose in the circumstances, including, without limitation, the following conditions:

6. a condition that the released person remain in specified places or areas at specified times or at all times:
7. a condition that the released person not enter or remain in specified places or areas at specified times or at all times:
8. a condition that an immigration officer may, if satisfied that the request is reasonable in all the circumstances, agree to a request from the released person that the released person be temporarily excused from compliance with a condition or conditions imposed on the released person under subsection (3)(a) or (b), for example, including, but not limited to, a request from the released person to attend a medical appointment or a job interview (if the released person is entitled to work in New Zealand):
9. a condition that the released person provide a guarantor who is responsible for—
   1. ensuring compliance with any conditions imposed under this section; and
   2. reporting any failure to comply with those conditions:
10. a condition that the released person refrain from associating with any 1 or more named individuals, or individuals associated with 1 or more named organisations:
11. a condition that the released person take a specified action for the purpose of facilitating the person’s deportation or departure from New Zealand:
12. any other condition relevant to the management of any threat or risk relating to the released person (including any threat or risk that the person may harm themselves or another person or may abscond).

13. The Judge may impose a condition under subsection (3) if satisfied that,—

14. when considered alongside any other conditions that are being imposed, the condition is the least restrictive measure necessary to manage the threat or risk; and
15. when considered individually, the condition is the least restrictive measure necessary to manage the threat or risk.

16. The purpose of a condition imposed under subsection (3)(a) or (b) is to limit the released person’s ability to leave or enter the specified places or areas—

17. because there is a threat or risk that the individual may abscond; and
18. in order to be able to place the person on the first available craft leaving New Zealand.

19. If the Judge imposes a condition under subsection (2) or (3), they must specify an initial term, not exceeding 3 months, for which the condition applies (an initial term).

20. An immigration officer may apply to the Judge for an extension of—

21. the initial term for a further term not exceeding 3 months (an extended term):
22. any extended term or terms for, in each case, a further term not exceeding 3 months.

23. An application for an extension under subsection (7) must be made in the manner provided for in section 324B or 324C (as applicable).

24. The Judge may grant an extension if satisfied that the criteria for release on conditions under section 324D or 324E (as applicable) still apply to that person.

25. When conditions are imposed on a released person under this section,—

26. the conditions must be notified in writing to the person before their release, and apply from the time the person is released; and
27. the notice of conditions must include a warning that the conditions apply from the time of the person’s release and that, if the person fails to comply with any condition, the person may be detained under section 312 or arrested and detained under section 313.

28. The released person does not need to obtain agreement from an immigration officer under subsection (3)(c) to seek urgent medical or dental treatment or to take action to avoid or minimise a serious risk of death or injury to the released person or any other person even if doing that thing will mean that they will, or are likely to, breach a condition or conditions imposed on the released person under subsection (3)(a) or (b).