Y4.10 Detention of persons refused entry (01/10/1999)

Immigration Act 1987 s 128

1. A person may be placed in custody until their departure from New Zealand on the first available craft (see Y3.70) if that person:
   1. arrives in New Zealand from another country; and
   2. is not exempt from having to hold a permit; and
   3. is not a transit passenger or subject to section 128B; and
   4. upon arrival:
      • fails to apply in the prescribed manner for a permit; or
      • is refused a permit; or
      • is a stowaway; or
      • has their pre-cleared permit revoked under section 35F of the Immigration Act 1987; and
   5. they must be placed into custody under Y3.70(c).
2. The detention provisions of section 128 may initially only be applied within 72 hours of the person's arrival in New Zealand.
3. A person detained under section 128 is deemed to be in New Zealand unlawfully, but as long as they are subject to section 128, Part II of the Immigration Act 1987 does not apply to them.
4. A warrant of commitment must be obtained if the person is to be detained for more than 48 hours.
5. If a warrant of commitment is necessary, it must be applied for within 48 hours of the person being taken into custody.
6. A person detained under section 128 may not be granted bail, but a District Court Judge may order their release on reporting and other conditions under section 128A, if review proceedings are brought.

Effective 01/10/1999