D5.1 Person may instead agree to residence and reporting requirements (29/11/2010)

See also Immigration Act 2009 s 315

1. Rather than arrest and detention or detention on a warrant of commitment under section 316 of the Immigration Act 2009, an immigration officer and the person liable for arrest and detention may agree that the person will do all or any of the following things under section 315 of the Immigration Act 2009:
   1. reside at a specified place;
   2. report to a specified place at specified periods or times in a specified manner;
   3. provide a guarantor who is responsible for:
      • ensuring the person complies with any requirements agreed under this section; and
      • reporting any failure by the person to comply with those requirements;
   4. if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Immigration and Protection Tribunal (the Tribunal);
   5. undertake any other action to facilitate the person’s deportation or departure from New Zealand.
2. A decision as to whether to offer or to agree residence and reporting requirements is a matter for the absolute discretion of an immigration officer.
3. An immigration officer may at any time vary any residence or reporting requirements at the request or with the agreement of the person.
4. The agreement or variation of any residence or reporting requirements must be in writing and must:
   1. list any requirements agreed under (a) or (c) above; and
   2. include a warning that, if the person fails to comply with any agreed requirement, the person may arrested and detained under section 313 of the Immigration Act 2009.
5. An immigration officer may at any time, in the officer’s absolute discretion, decide to end any agreement made under (a) above.
6. A person may be detained or arrested and detained under section 313 of the Immigration Act 2009 :
   1. if an immigration officer determines that the person, without reasonable excuse,
      • has failed to reside at the specified place; or
      • has failed to comply with other agreed requirements; or
   2. if an immigration officer ends an agreement under (e) above; or
   3. in order to execute a deportation order or place the person on the first available craft leaving New Zealand.
7. An agreement under this section lapses and the person ceases to be bound by it when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under Part 9 of the Immigration Act 2009.

Effective 29/11/2010