D5.25 Decision on application for warrant if threat or risk to security

See also Immigration Act 2009 s 318

1. This section applies where an immigration officer applies for a warrant of commitment to authorise the detention of a person:
   1. who was arrested and detained under section 313 of the Immigration Act 2009 on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security; or
   2. whose deportation has been ordered under section 163 of the Immigration Act 2009.
2. A District Court Judge must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately.
3. Otherwise the Judge must:
   1. issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days; or
   2. if satisfied that the release of the person would not be contrary to the public interest, order that the person be released on conditions under section 320 of the Immigration Act 2009 pending the person’s deportation from New Zealand.

Effective 29/11/2010