317AADecision on application for warrant of commitment (claimant)

1. This section—

2. applies in respect of a person who a District Court Judge is satisfied is a claimant:
3. does not apply in respect of a person who is subject to a mass arrival warrant under section 317A.

4. On an application for a warrant of commitment in respect of a person to whom this section applies, a District Court Judge—

5. must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately:
6. may, in any other case,—
   1. 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, if satisfied that,—
      1. on the basis of the application and the information contained in it, the person poses a clearly articulated threat or risk; and
      2. detention is reasonable in all the circumstances, proportionate, and the least restrictive measure necessary to manage that threat or risk; or
   2. order the person’s release from custody on conditions under section 324F, if the Judge is not satisfied that detention is warranted.

7. A Judge—

8. may consider a person’s irregular entry into New Zealand when assessing whether the person poses a clearly articulated threat or risk; but
9. may not be satisfied that the person poses a clearly articulated threat or risk solely on the ground that the person entered New Zealand irregularly.

10. In this section,—

    threat or risk includes, without limitation, a threat or risk to—

11. public order:
12. public health:
13. security

threat or risk to public order includes, in relation to a person and without limitation, a threat or risk of the person—

1. absconding for the purpose of avoiding compliance with this Act:
2. failing to comply with this Act.