Immigration Act 2009

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Warrants of commitment

316 Application for warrant of commitment


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—


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


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


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


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


Every application under this section—


must be made on oath; and


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


may include any other supporting evidence.


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

Compare: 1987 No 74 s 128(8)