Section 316 — Immigration Act 2009: Application for warrant of commitment

316 Application for warrant of commitment (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 this Part, that before the expiry of the period for which detention is authorised— (a) there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or (b) the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or (c) 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 (d) for any other reason, the person is unable to leave New Zealand. (2) Every application under this section— (a) must be made on oath; and (b) must include a statement of the reasons why the person should be the subject of a warrant of commitment; and (c) may include any other supporting evidence. (3) The Judge must determine the application under section 317 , 318 , or 323 , as appropriate. Compare: 1987 No 74 s 128(8)