Immigration Act 1987

60 Release or extended detention if craft unavailable, etc, within 72-hour period

• (1) Where a person is arrested and detained under section 59 and it becomes apparent that—

  • (a) no craft will be available within the 72-hour period specified in that section; or

  • (b) a craft that was available is no longer available; or

  • (c) it is not practicable for the person to be placed on a craft within the 72-hour period; or

  • (d) for some other reason the person is unable to leave New Zealand within the 72-hour period,—

  then, unless the person is released, an immigration officer must arrange for the person to be brought before a District Court Judge for the purpose of obtaining a warrant of commitment.

  (2) Subject to any extension of it under subsection (4) or subsection (6A), a warrant of commitment issued under this section authorises the detention of the person named in it for a period of 7 days or such shorter period as the Judge thinks necessary to enable the execution of the removal order.

  (3) A Judge may issue a warrant of commitment on the application of an immigration officer if satisfied on the balance of probabilities that the person in custody is the person named in the removal order and that any of the following applies:

  • (a) a craft is likely to be available, within the proposed period of the warrant of commitment, to take the person from New Zealand:

  • (b) the practical difficulties that meant that the person could not be placed on an available craft within 72 hours are continuing and are likely to continue, but not for an unreasonable period:

  • (c) the other reasons the person was not able to leave New Zealand within the 72-hour period are still in existence and are likely to remain in existence, but not for an unreasonable period:

  • (d) in all the circumstances it is in the public interest to make a warrant of commitment.

  (4) If at the expiry of a warrant of commitment made under this section the person has still not left New Zealand, then, unless released, the person must be again brought before a Judge for an extension of the warrant of commitment, in which case subsections (2) and (3) (and, if appropriate, subsection (6A)) apply.

  (5) If a person is brought before a Judge under subsection (4) for a second or subsequent time the Judge may, where it seems likely that the detention may need to be extended a number of times, and where satisfied that the person is unlikely to abscond otherwise than by leaving New Zealand, instead of extending the warrant of commitment for a further period of up to 7 days, order that the person be released subject to—

  • (a) such conditions as to the person's place of residence or as to reporting at specified intervals to an office of the Department of Labour or a Police station as the Judge think fits; and

  • (b) such other conditions as the Judge may think fit to impose for the purpose of ensuring compliance with the residence and reporting conditions.

  (6) Unless the Judge considers that there are exceptional circumstances that justify the person's release, a Judge may not order the release of a person under subsection (5) if—

  • (a) the person is currently a refugee status claimant who claimed refugee status only after the removal order was served; or

  • (b) a direct or indirect reason for the person being unable to leave New Zealand is or was some action or inaction by the person occurring after the removal order was served.

  (6A) Where a Judge determines not to order the release of a person to whom subsection (6) applies, the Judge may—

  • (a) extend the warrant of commitment for a further period of up to 30 days, in which case—

    • (i) the warrant authorises the detention of the person named in it for the period specified in the extension of the warrant; and

    • (ii) subsections (3) to (6) and this subsection apply at the expiry of the extension of the warrant; and

  • (b) make any orders and give any directions that the Judge thinks fit.

  (7) No person may be detained under 1 or more warrants of commitment under this Part for a consecutive period of more than 3 months, unless the person is a person to whom subsection (6) applies.

  (8) In making any decision under this section a Judge is to seek to achieve an outcome that ensures a high level of compliance with immigration laws.

  (9) No release of a person under this section in any way affects their liability for later detention and removal.

  Section 60: substituted, on 1 October 1999, by section 34 of the Immigration Amendment Act 1999 (1999 No 16).

  Section 60(1): substituted, on 18 November 1991, by section 28(1) of the Immigration Amendment 1991 (1991 No 113).

  Section 60(4): substituted, on 18 November 1991, by section 28(2) of the Immigration Amendment 1991 (1991 No 113).

  Section 60(5): substituted, on 18 November 1991, by section 28(2) of the Immigration Amendment 1991 (1991 No 113).

  Section 60(6): amended, on 18 November 1991, by section 28(3) of the Immigration Amendment 1991 (1991 No 113).

  Section 60(2): amended, on 9 September 2003, by section 16(1) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

  Section 60(4): amended, on 9 September 2003, by section 16(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

  Section 60(6): substituted, on 9 September 2003, by section 16(3) of the Immigration Amendment Act (No 2) 2003 (2003 No 47)..

  Section 60(6A): inserted, on 9 September 2003, by section 16(3) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

  Section 60(7): substituted, on 9 September 2003, by section 16(3) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).