Warrants of commitment

316 Application for warrant of commitment

(1)

An immigration officer may apply to a District Court Judge for a warrant of commitment (or a further warrant of commitment) authorising a person’s detention for up to 28 days in any case where it becomes apparent, in the case of a person detained in custody under this Part, that before the expiry of the period for which detention is authorised—

(a)

there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or

(b)

the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or

(c)

the Minister has not made, or is not likely to make, a decision as to whether to certify that the person constitutes a threat or risk to security; or

(d)

for any other reason, the person is unable to leave New Zealand.

(2)

Every application under this section—

(a)

must be made on oath; and

(b)

must include a statement of the reasons why the person should be the subject of a warrant of commitment; and

(c)

may include any other supporting evidence.

(3)

The Judge must determine the application under section 317, 318, or 323, as appropriate.

Compare: 1987 No 74 s 128(8)