D5.20 Court may instead release person on conditions

See also Immigration Act 2009 s 320

1. Where a District Court Judge orders a person’s release on conditions under sections 317(1)(b)(ii), 318(3)(b), or 323(3) of the Immigration Act 2009, the conditions imposed on release may be any conditions that the Judge thinks fit to impose in the circumstances, including all or any of the following conditions:
   1. the released person must reside at a specified place;
   2. the released person must report to a specified place at specified periods or times in a specified manner;
   3. if the person is a claimant, the released person must attend any required interview with a refugee and protection officer or hearing with the Tribunal;
   4. the released person provide a guarantor who is responsible for:
      • ensuring the person complies with any conditions imposed under this section; and
      • reporting any failure by the person to comply with those conditions;
   5. the person take a specified action for the purpose of facilitating the person’s deportation or departure from New Zealand.
2. Where conditions are imposed on a released person under (a) above:
   1. the conditions must be notified in writing to the person before his or her release, and take effect on release; and
   2. the notice of conditions must include a warning that, if the person fails to comply with any condition, the person may be detained under section 312 of the Immigration Act 2009 or arrested and detained under section 313 of the Immigration Act 2009.
3. Conditions imposed under this section may be varied at any time:
   1. by a District Court Judge on the application of the person released or an immigration officer under section 324 of the Immigration Act 2009; or
   2. by consent between the released person and an immigration officer, if:
      • the conditions imposed relate to the matters described in (a)(i) or (a)(ii) above; or
      • the order imposing the conditions allows the variation.
4. A variation of a condition under (c) above:
   1. takes effect immediately; but
   2. must be put in writing, and notified to the released person, as soon as practicable.
5. A person may be detained under section 312 of the Immigration Act 2009 or arrested and detained under section 313 of the Immigration Act 2009:
   1. if an immigration officer determines that the person, without reasonable excuse, has failed to comply with any conditions imposed under (a) above or varied under (c) above; or
   2. if an immigration officer makes an application under section 324(2) of the Immigration Act 2009 for an order that the person be detained under a warrant of commitment; or
   3. to execute a deportation order or place the person on the first available craft leaving New Zealand.
6. Conditions imposed under this section lapse, and the person ceases to be bound by them, when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under Part 9 of the Immigration Act 2009.

Effective 03/09/2012