D5.70 Delivery of person into custody of immigration officer or police for purposes of deportation

See also Immigration Act 2009 s 335

D5.70.1 Delivery of a person being held in custody

1. Where a person is being held in custody pursuant to a warrant of commitment issued under Part 9 of the Immigration Act 2009, an immigration officer or a constable may request the manager or other person in charge of the prison or other premises in which that person is held in custody to deliver the person into the custody of:
   1. a constable for arrest and detention under section 313 of the Immigration Act 2009; or
   2. an immigration officer for detention under section 312 of the Immigration Act 2009

   for the purpose of executing the person’s deportation or effecting the person’s departure from New Zealand.

2. The manager or other person must deliver the person accordingly.

D5.70.5 Delivery of a person who is in prison

1. Where a person is in prison undergoing imprisonment, an immigration officer or a constable may, on the date that the person is due to be released from imprisonment, request that, instead of releasing the person from custody, the manager or other person in charge deliver the person into the custody of:
   1. a constable for arrest and detention under section 313 of the Immigration Act 2009; or
   2. an immigration officer for detention under section 312 of the Immigration Act 2009

   for the purpose of executing the person’s deportation or effecting the person’s departure from New Zealand.

2. The manager or other person must deliver the person accordingly.

Effective 03/09/2012