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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Management of residents - Emergencies

77: Transitional detention warrants

You could also call this:

"A special court order to keep people safe in prison for a short time if they can't go home."

Illustration for Public Safety (Public Protection Orders) Act 2014

The chief executive can ask the court for a special order called a transitional detention warrant for people who have been taken to a prison under section 76. You might be wondering what this order is for - it's for people who were living in a place that is no longer safe for them. The chief executive needs to give the court some information, like the names of the people involved and why they can't be moved to another place right now.

When the chief executive asks for this order, they need to explain why it's impossible, impractical, or not a good idea to move these people to another residence. The court will consider this information and might issue the order if they think it's necessary. The court will look at things like whether the old residence was destroyed or is no longer habitable, and whether it's currently impossible to move the people to another place.

If the court issues a transitional detention warrant, it will only last for 90 days, but the chief executive can ask for another one if needed. There are also other rules that apply to people who have this kind of warrant, which are explained in section 86.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6050227.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyGovernment and voting > Emergency managementHousing and property > Renting
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76: Relocation of residents to prison where residence becomes uninhabitable, or

"Moving to a prison if your home is destroyed or unsafe"

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Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Management of residents: Emergencies

77Transitional detention warrants

  1. The chief executive may make 1 or more applications to the court for a transitional detention warrant in respect of 1, some, or all of the residents who have been taken to a prison under section 76.

  2. An application for a transitional detention warrant must set out the following particulars:

  3. the names of the residents in respect of whom the application is made and details of the orders that have been made under this Act against each resident:
    1. the circumstances that led to the residents being taken to a prison under section 76:
      1. why it is currently impossible, or impracticable, or undesirable to transfer the residents to another residence.

        1. The court may issue a transitional detention warrant in respect of 1 or more residents if satisfied that—

        2. the residence in which the residents previously resided has been destroyed or has become uninhabitable; and
          1. it is currently impossible, or impracticable, or undesirable to transfer the residents to another residence.

            1. A transitional detention warrant expires on the close of the 90th day after the date on which it is issued, but the chief executive may apply for a further transitional detention warrant in respect of 1 or more residents who are subject to such a warrant.

            2. Section 86 applies to a person to whom a transitional detention warrant applies.