D5.5 Application for warrant of commitment (29/11/2010)

See also Immigration Act 2009 s 316

1. 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 Part 9 of the Immigration Act 2009, that before the expiry of the period for which detention is authorised:
   1. there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or
   2. the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or
   3. 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
   4. for any other reason, the person is unable to leave New Zealand.
2. Every application under this section:
   1. must be made on oath; and
   2. must include a statement of the reasons why the person should be the subject of a warrant of commitment; and
   3. may include any other supporting evidence.
3. The Judge must determine the application under section 317, 318, or 323 of the Immigration Act 2009 as appropriate.

Effective 29/11/2010