D4.50 Issue of warrant of commitment

1. A warrant of commitment authorises the person named in it to be detained for a period of 7 days or for any shorter period that the Judge considers is necessary to enable the removal order to be executed.
2. A warrant of commitment will be issued if the Judge is satisfied that the person in custody is the person named in the removal order and that:
   1. a craft* is likely to be available within the proposed period of the warrant of commitment to take the person from New Zealand; or
   2. the practical difficulties preventing the person being placed on an available craft* within 72 hours are likely to continue, but not for an unreasonable period; or
   3. other reasons preventing the person from leaving New Zealand within 72 hours are likely to remain in existence, but not for an unreasonable period; or
   4. in all the circumstances, it is in the public interest to make a warrant of commitment.
3. A craft* is considered to be available if:
   1. it is travelling to a country to which the detained person has right of entry; and
   2. the detained person has appropriate documentation to ensure entry to the country of destination will be allowed; or
   3. the country of destination has authorised entry despite the lack of documentation; and
   4. the person in charge of the craft* is prepared to carry the detained person; and
   5. there is nothing else preventing the departure of the detained person (such as a claim for refugee status or an inability to obtain travel documents).

D4.50.1 Subsequent warrant(s) of commitment

1. If the warrant of commitment expires and the person has still not left New Zealand, then unless they are released, they must be brought before a Judge again to have the warrant of commitment extended.
2. Instead of extending the warrant of commitment, the Judge may order the release of the person on condition they comply with residence, reporting and other requirements, if application is made for a second or subsequent warrants of commitment and:
   1. it seems likely that detention may need to be extended a number of times; and
   2. the Judge is satisfied that the person is unlikely to abscond.

Effective 01/10/1999