D4.25 Detention of persons refused entry (29/11/2010)

1. The detention provisions of Part 9 of the Immigration Act 2009 may be applied to any person subject to turnaround within 72 hours of that person's first contact with an Immigration officer after arrival in New Zealand.
2. A person to whom section 115 of the Immigration Act 2009 applies who is detained under Part 9 is deemed to be in New Zealand unlawfully, but as long as they are subject to Part 9, does not have any rights of appeal on humanitarian grounds.
3. A warrant of commitment must be obtained if the person is to be detained for more than 96 hours.
4. If a warrant of commitment is necessary, it must be applied for when it becomes apparent that before the expiry of the 96 hour period, the person will not be able to leave New Zealand.
5. A person detained under Part 9 may not be granted bail, but a District Court Judge may order their release on reporting and other conditions under section 320 of the Immigration Act 2009.

Note: only a constable may detain a person under Part 9 of the Immigration Act 2009.

Effective 29/11/2010