Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Warrants of commitment

317AB: Limited period for decision on mass arrival warrant

You could also call this:

“Judge must decide on mass arrival warrants within 28 days”

When someone applies for a mass arrival warrant, a District Court Judge must hear the case as soon as they can. They need to do this within 7 days of the application being made.

Sometimes, the Judge might not be able to decide within 7 days. If this happens, they can delay the case, but only if they have a good reason. Even if they delay it, they must make a decision within 28 days of when the application was first made.

If any people from a mass arrival group are being held while waiting for the decision, an immigration officer has to tell the Judge about it. They need to do this at least once a week, unless the Judge says they can do it less often. The officer needs to explain why the warrant is still needed for the reasons listed in section 317A(1)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS966795.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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317A: Application for mass arrival warrant, or

“Requesting permission to hold a large group of arrivals”

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317B: Decision on application for mass arrival warrant, or

“Judge decides on warrant for detaining large group arrivals”

Part 9 Detention and monitoring
Warrants of commitment

317ABLimited period for decision on mass arrival warrant

  1. An application for a mass arrival warrant must be heard by a District Court Judge—

  2. as soon as is reasonably practicable; and
    1. within 7 days after the application was made.

      1. However,—

      2. the Judge may, within 7 days after the application was made, adjourn the proceeding if satisfied that it is not reasonably practicable to determine the application within 7 days; and
        1. if the Judge adjourns the proceeding, the Judge must determine the application within 28 days after the application was made.

          1. If 1 or more members of a mass arrival group are detained under section 313(2)(b)(ii) pending determination of the application for a mass arrival warrant, an immigration officer must report to the Judge at least once a week (unless varied by the Judge) as to whether the warrant continues to be necessary for a purpose set out in section 317A(1)(a).

          Notes
          • Section 317AB: inserted, on , by section 12 of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).