Y4.35 Warrants of commitment

Immigration Act 1987 s 128(7), 128B(6)(c)

1. A Registrar or Deputy Registrar of a District Court may issue a warrant of commitment to enable a person to be held in custody for a period no longer than 28 days if that person:
   1. arrives in New Zealand from another country; and
   2. is not exempt from having to hold a permit; and
   3. upon arrival:
      • fails to apply in the prescribed manner for a permit; or
      • is refused a permit to enter New Zealand; or
      • is a stowaway; or
      • their pre-cleared permit has been revoked by an immigration officer under section 35F of the Immigration Act 1987; and
   4. they must be placed into custody under Y3.70(c).
2. A District Court Judge may issue a warrant of commitment to enable a person to be held in custody for a period of 28 days if:
   1. that person:
      • arrives in New Zealand from another country; and
      • is not exempt from having to hold a permit; and
   2. there is reason to suspect that:
      • section 7(1) of the Immigration Act 1987 may apply to that person; or
      • that person has no appropriate immigration documentation; or
      • any such documentation held appears to be false; and
   3. a decision whether or not to grant that person a permit, or if the person holds a pre-cleared permit, to revoke that permit, has not been made because that person's status under section 7(1) cannot be immediately ascertained.
3. A warrant of commitment must be obtained if the person is to be detained under section 128 or 128B for more than 48 hours.
4. If a warrant of commitment is necessary, it must be applied for within 48 hours of the person being taken into custody.

Y4.35.1 Extending a warrant of commitment

Immigration Act 1987 ss 128(13), (13A) and (13B), 128B(10)

1. If a person who has been detained under a warrant of commitment issued under section 128 is, or is likely to be, unable to leave New Zealand before the period of detention authorised by the warrant expires, an officer may:
   1. apply for an extension, or further extension, of the warrant; or
   2. arrange for the release of the person by giving written notice to the Superintendent of the prison or person in charge of the other premises where the person is detained.
2. An application for extension or further extension of a warrant must:
   1. be made on oath; and
   2. include a statement of the reasons why the extension or further extension is requested.
3. On application for an extension or further extension of a warrant, a District Court Judge may, if satisfied that section 128 still applies to the person, extend or further extend the warrant:
   1. for a further period not longer than 7 days; or
   2. (if the person detained under the warrant is a member of a group of people who arrived in New Zealand on the same craft and of whom all or most are subject to section 128) for any longer period as the Judge thinks necessary in the circumstances to allow all the persons in the group to be properly dealt with.
4. If, before the end of the 28 days of detention authorised by the warrant, a person detained under a warrant of commitment issued under section 128B(6)(c) is neither released and given a permit nor treated as subject to section 128:
   1. the person must be brought before a District Court Judge, who must:
      • consider the question of their continued custody under the warrant; and
      • extend the warrant if satisfied that the person is still subject to section 128B; and
   2. then, while the person remains in custody, they must be brought before a Judge at intervals of not more than 7 days so that their continued custody may be further considered.

Y4.35.5 Release of persons detained under warrant of commitment

Immigration Act 1987 ss 128(14), 128A(4) and (5), 128B(5)

1. If a person is detained under a warrant of commitment under section 128, the person must be released:
   1. following written notice from an immigration officer to the Superintendent of the prison or person in charge of the other premises where the person is detained; or
   2. (if not released earlier) after the period of detention authorised by the warrant or any extension or further extension of the warrant expires; or
   3. if ordered by a District Court Judge:
      • until review proceedings have been completed; or
      • after review proceedings have been completed.
2. If a person who is detained under a warrant of commitment under section 128 is released under Y4.35.5(a)(i) or (ii) above:
   1. section 128 no longer applies to that person; and
   2. Part II of the Immigration Act 1987 (concerning persons unlawfully in New Zealand) applies to that person.
3. If a person is detained under a warrant of commitment under section 128B, the person must be released if:
   1. it is determined that section 7(1) does not apply to the person; and
   2. the person:
      • is granted a permit; or
      • already holds a pre-cleared permit.

Effective 01/10/1999