D6 Warrants of commitment

Immigration Act 1987 ss 59, 60(2), 75(1), 78(3), 79(1) and (7), 87(3), 86(2)(b), 97(1), 98(4), 101(4), 109(2)(b) and 110(3

1. Section 60(2) of the Immigration Act 1987 provides that a District Court Judge may issue a warrant of commitment to enable a person to be held in custody for longer than 72 hours if that person was taken into custody under the provisions of section 59 of the Immigration Act 1987 concerning people in New Zealand unlawfully. (See also D4.50 and D4.50.1)
2. Section 79(1) of the Act provides that a District Court Judge may issue a warrant of commitment to enable a person to be held in custody for a period of longer than 48 hours if that person was taken into custody under sections 75(1) or 78(3), of the Immigration Act 1987 concerning people threatening national security and terrorists.
3. Section 99 of the Act provides that a District Court Judge may issue a warrant of commitment to enable a person to be held in custody for a period of longer than 48 hours if that person was arrested by the Police under sections 97(1), 98(4), or 101(4) of the Immigration Act 1987 concerning the deportation of criminal offenders.
4. Warrants of commitment must be obtained within the relevant time limits prescribed by the Immigration Act 1987, after a person is taken into custody, as follows:
   1. Sections 60(2), 87(3) and 110(3) of the Act have a time limit of 72 hours;
   2. Sections 75(1), 78(1), 79(7), 97(1), 98(4) and 101(4) of the Act have a time limit of 48 hours;
   3. Sections 86(2)(b), 87(3) and 109(2)(b) of the Act have a time limit of 24 hours.
5. If a person is in custody under a warrant of commitment issued under section 99 of the Immigration Act 1987 and is not deported within 28 days after its issue, they may be brought before a District Court Judge again to consider whether they should continue to be detained, or be released. If the person remains in detention they must be brought before the District Court Judge again at intervals of not more than 7 days for consideration of further detention or release.

Effective 01/10/1999