D4.5 Purpose for which arrest and detention powers may be exercised

See also Immigration Act 2009 s 310

The powers of arrest and detention under Part 9 of the Immigration Act 2009 may be exercised for the following purposes:

1. in the case of a person liable for turnaround, to detain the person in order to place him or her on the first available craft leaving New Zealand; or
2. in the case of a person liable for deportation:
   1. to detain the person pending the making of a deportation order, including during the completion of any appeal brought by the person against his or her liability for deportation; or
   2. to deport the person following the making of a deportation order by placing him or her on the first available craft leaving New Zealand; or
3. in the case of a person who is suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fails to supply satisfactory evidence of his or her identity when requested under section 280 of the Immigration Act 2009, to detain the person pending satisfactory establishment of the person's identity; or
4. in the case of a person:
   1. who is suspected of constituting a threat or risk to security, to detain the person pending the making of a deportation order; or
   2. who is subject to a deportation order under section 163 of the Immigration Act 2009, to deport the person by placing him or her on the first available craft leaving New Zealand; or
5. in the case of a person who has breached residence and reporting requirements agreed under section 315 of the Immigration Act 2009 or conditions imposed under section 320 of the Immigration Act 2009, to detain the person pending a determination by a District Court Judge under sections 317, 318, or 320 of the Immigration Act 2009.

Effective 29/11/2010