D5.5 Application for warrant of commitment

See also Immigration Act 2009 s 316

1. 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:
   1. there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or
   2. the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or
   3. 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
   4. for any other reason, the person is unable to leave New Zealand.
2. Every application under this section:
   1. must be made on oath; and
   2. must include a statement of the reasons why the person should be the subject of a warrant of commitment; and
   3. may include any other supporting evidence.
3. The Judge must determine the application under section 317, 318, or 323 of the Immigration Act 2009 as appropriate.
4. Immigration officers applying for mass arrival warrants of commitment, variations of mass arrival warrants of commitment, or further warrants of commitment in respect of members of a mass arrival group must apply in the manner specified in D5.75.

Effective 29/07/2013