D5.10 Decision on application for warrant of commitment

See also Immigration Act 2009 s 317

1. On an application for a warrant of commitment under section 317 of the Immigration Act 2009, a District Court Judge:
   1. 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; and
   2. may in any other case, either:
      • 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
      • order the person’s release from custody on conditions under section 320 of the Immigration Act 2009, if not satisfied that detention is warranted.
2. Unless there are exceptional circumstances, the Judge must not release the person on conditions if:
   1. the identity of the person is unknown; or
   2. the person’s identity has not been established to the satisfaction of the court; or
   3. a direct or indirect reason for the person being unable to leave New Zealand is, or was, some action or inaction by the person occurring after the person was:
      • served with a deportation liability notice; or
      • arrested and detained for the purpose of deportation or turnaround; or
   4. the person claimed refugee or protection status only after the person was:
      • served with a deportation liability notice or deportation order or with a removal order under the former Immigration Act 1987; or
      • arrested and detained for the purposes of deportation or turnaround.

Effective 28/08/2017