Pitcairn Trials Act 2002

What happens if enforcement order not to be made

62 Detention and removal if enforcement order will not be made

(1)

If the Minister gives notice under section 59 that an enforcement order will not be made in respect of a particular Pitcairn sentence or hospital order, the Minister may make an order under this section in respect of the person who is subject to the sentence or order.

(2)

An order under this section is an order—

(a)

for the continued detention, for up to 28 days, of a person who is detained at the time the order is made; or

(b)

in respect of a person who is at large under an order made under section 60(3) at the time the order is made, for the cancellation of that order, for the return of the person to detention, and for his or her subsequent detention for up to 28 days.

(3)

With respect to a person referred to in subsection (2)(b), the Minister may issue a notice for the person’s apprehension; and after the notice is issued any member of the New Zealand Police may, whether or not the member has possession of the notice, apprehend the person for the purpose of returning him or her to detention.

(4)

New Zealand law applies to a person detained under this section, except as provided in section 18.

(5)

No person may be detained under an order made under this section for more than 28 days, but the person may be released before the expiry of 28 days if, upon release, the person is taken into the custody of—

(a)

a member of the New Zealand Police or an authorised person (being a person who is authorised by the Governor to take custody of the person), for the purpose of removing the detained person from New Zealand; or

(b)

a person who is exercising powers under the Immigration Act 2009 or any other enactment.

(6)

An order under this section also authorises any member of the New Zealand Police or any authorised person to do all or any of the following in respect of a person who is subject to an order under this section:

(a)

hold the person in custody during transit to the point of departure from New Zealand:

(b)

hold the person in custody at the point of departure pending removal from New Zealand:

(c)

escort the person out of New Zealand.

(7)

Without limiting subsections (2) to (6), the Minister must make any arrangements that may be necessary to facilitate the removal from New Zealand (other than under the Immigration Act 2009) of a person whose Pitcairn sentence or hospital order is not to be enforced in New Zealand.

Section 62(5)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 62(7): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).