D5.5 Application for warrant of commitment
See also Immigration Act 2009 s 316
- 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:
- there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or
- the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or
- 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
- for any other reason, the person is unable to leave New Zealand.
- Every application under this section:
- must be made on oath; and
- must include a statement of the reasons why the person should be the subject of a warrant of commitment; and
- may include any other supporting evidence.
- The Judge must determine the application under section 317, 318, or 323 of the Immigration Act 2009 as appropriate.