96 Removal order

(1)

A removal order made by the Minister under this section—

(a)

may either—

(i)

require the person in whose custody the person is being held (if the person is being held in custody) to release the person into the custody of a constable; or

(ii)

if the person is not in custody, authorise any constable to take the person into custody; and

(b)

must specify that the person is to be taken by a constable and placed on board any craft for the purpose of effecting the person’s removal from New Zealand; and

(c)

may authorise the detention in custody of the person while awaiting removal from New Zealand.

(2)

The removal order must be served on the person named in the order in the manner prescribed by regulations made under this Act.

(3)

If the removal order authorises the detention of the person in custody, the person may be detained—

(a)

in a prison or any other place in which the person could be detained under section 26(1)(a) if the person were subject to proceedings under Part 3; or

(b)

at a seaport or airport.

(4)

If a person is not able to be conveyed out of New Zealand within 48 hours after service of the removal order, the person must be brought before a District Court Judge to determine in accordance with subsection (5) whether the person should be detained in custody or released pending that person’s removal from New Zealand.

(5)

If a person is brought before a District Court Judge under subsection (4), the Judge may, if the Judge is satisfied that the person is the person named in the order,—

(a)

issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or

(b)

order the release of the person subject to such conditions (if any) that the Judge thinks fit.

(6)

A warrant for the detention of the person issued under subsection (5)(a) may authorise the detention of the person in a prison or any other place in which the person could be detained under section 26(1)(a) if the person were subject to proceedings under Part 3.

(7)

A removal order made under this section continues in force until it is executed or is cancelled.

(8)

Nothing in the Immigration Act 2009 applies to the person named in the removal order while the order is in force.

Section 96(1)(a)(i): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 96(1)(a)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 96(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 96(3)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 96(6): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 96(8): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).