D7.50 Execution of a deportation order
- The NZIS can only ask the Police to execute a deportation order when:
- 21 days have elapsed from the date the order was served on the person named in it; or
- a decision not to quash a deportation has been notified to the deportee following their unsuccessful appeal to the Deportation Review Tribunal or the High Court; or
- 28 days have elapsed since the dismissal of an appeal to the Deportation Review Tribunal.
- If a deportee is imprisoned in a penal institution, the deportation order can only be executed when the deportee is released from the institution.
D7.50.1 Execution of a deportation order where the deportee is in custody under a warrant of commitment
- If a deportee is in custody under a warrant of commitment the Police must make a written request for the deportee's release into their custody so that they can be deported.
- The Police are responsible for the deportee's escort arrangements to the place of departure and must ensure that the deportee is placed on the craft* and detained on board until it leaves New Zealand. If the deportee's departure is delayed for more than 24 hours, or the deportee is unable to leave within this time period, the Police must arrange for the deportee to be escorted back to the place in which they were previously held. The deportee will continue to be held in custody under the initial warrant of commitment until departure can be arranged.
D7.50.5 Execution of a deportation order where the deportee is imprisoned
If a deportee is imprisoned their date of departure must be arranged to take place on the proposed date of release from imprisonment. The Police must ask the person in charge of the place of imprisonment in writing not to release the deportee at large but to deliver them into Police custody so that arrangements can be made to escort them to the place of departure. If the deportee cannot depart within 24 hours after their release from imprisonment, they must be brought before a District Court Judge who will determine whether or not to issue a warrant of commitment or impose conditions on the deportee.
D7.50.10 Execution of a deportation order where the deportee is not in custody
- Wherever possible, and in order to achieve full cooperation with the deportee, travel arrangements should be made in consultation with them.
- If there is an indication that the deportee will not cooperate with any arrangements being made and that they may abscond, the NZIS will contact the Police requesting that they arrest the deportee without warrant and detain them in custody until their departure. In such cases the deportee cannot be arrested earlier than 72 hours before they are due to depart.
- If the deportee cannot depart within that 72 hour period, they must either be released from custody or be brought before a District Court Judge who will determine whether or not to issue a warrant of commitment or impose conditions on the deportee.
