Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
128AA Detained person may be conditionally released from detention in certain cases
  • (1) This subsection applies to a person who is not a refugee status claimant (within the meaning of section 129B(1)) and—

    • (b) is the subject of a warrant of commitment issued under section 128(7).

    (2) This subsection applies to—

    • (b) a person who is the subject of an application under section 128(13)(a) for the extension or further extension of a warrant of commitment issued under section 128(7).

    (3) An immigration officer may apply to a District Court Judge for an order that a person to whom subsection (1) applies be conditionally released from custody.

    (4) An immigration officer or the person concerned may apply to a District Court Judge for an order that a person to whom subsection (2) applies be conditionally released from custody.

    (5) An application under subsection (3) or subsection (4) must be made on oath, and state why section 128 applies to the person to whom it relates.

    (6) On an application under subsection (3) or subsection (4), the Judge may make an order for the person's conditional release.

    (7) The order must state—

    • (a) either a day on which it expires or an event upon the occurrence of which it expires; and

    • (b) a location at which the person to whom it relates must give himself or herself up when it expires.

    (8) If the Judge does not make an order for the person's conditional release,—

    • (a) in the case of an application made in respect of a person who is not already subject to a warrant of commitment issued under section 128(7), the Judge must issue a warrant of commitment authorising the person's detention for a period not exceeding 28 days in a prison or some other premises approved for the purpose by the Judge:

    • (b) in the case of an application made in respect of a person who is the subject of an application under section 128(13)(a) for the extension or further extension of a warrant of commitment issued under section 128(7), the Judge may extend or further extend the warrant of commitment concerned—

      • (i) for any period the Judge thinks necessary in the circumstances to allow all the persons in the group concerned to be properly dealt with, if the person detained under the warrant is a member of a group of people—

        • (A) all of whom arrived in New Zealand on the same ship or aircraft; and

        • (B) all or most of whom are people to whom section 128 applies; and

      • (ii) for a further period not exceeding 7 days if the person detained under the warrant is not a member of such a group.

    (9) A warrant of commitment issued under subsection (8)(a) must be treated as a warrant of commitment issued under section 128(7).

    (10) On the day or (as the case may be) the occurrence of the event stated in it, an order under subsection (6) for a person's conditional release expires, and the person must deliver himself or herself up to an immigration officer at the location stated in it.

    (11) If a person delivers himself or herself up to an immigration officer under subsection (10),—

    • (a) in the case of a person to whom subsection (1) or subsection (2) applied by virtue of his or her being placed in custody under section 128(5), if not released,—

      • (i) the person must be treated as a person to whom section 128(5) continues to apply; and

      • (ii) if the person is to be detained for more than 48 hours after delivering himself or herself up, an application must be made in accordance with section 128(7):

    • (b) in any other case, if not released, the person must again be taken into custody, and may be detained in custody under section 128 pending the person's departure from New Zealand on the first available craft.

    (12) The period for which detention is authorised by a warrant of commitment issued under section 128(7) must be reckoned exclusive of any period commencing on the date on which the person to whom the warrant relates is released pursuant to an order under subsection (6), and ending on the earlier of the following:

    • (a) the expiration of 72 hours after the date on which the person is again taken into custody under this Act:

    (13) If a permit is granted under this Act to a person to whom an order under subsection (6) relates,—

    • (a) the order is cancelled; and

    • (b) Part 2 applies to the person; and

    • (c) section 128 and this section cease to apply to the person.

    Section 128AA: inserted, on 18 June 2002, by section 10 of the Immigration Amendment Act 2002 (2002 No 22).

    Section 128AA(8)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).