Section 435 — Immigration Act 2009: Person released on conditions under former Act

435 Person released on conditions under former Act (1) This section applies if, immediately before the commencement of section 404 of this Act, a person has been released on conditions under the former Act. (2) The person remains subject to the relevant conditions, and the former Act continues to apply in respect of that person’s release, until— (a) the person leaves New Zealand; or (b) in the case of a person to whom section 128AA of the former Act applies, the date on which the order for the person's conditional release from custody expires, or the occurrence of the event upon which it expires. (3) If subsection (2)(b) applies, the person must deliver himself or herself to an immigration officer at the location stated in the order, and an immigration officer may— (a) detain the person under section 312 of this Act or cause the person to be arrested and detained under section 313 of this Act, and this Act then applies accordingly; or (b) agree to residence and reporting requirements under section 315 of this Act, and this Act then applies accordingly. (4) If subsection (2)(b) applies and the person fails to deliver himself or herself to an immigration officer as required, the person may be detained under section 312 of this Act or arrested and detained under section 313 of this Act, and this Act then applies accordingly. (5) To avoid doubt, an immigration officer may apply for a warrant of commitment or a further warrant of commitment under section 316 of this Act in respect of a person to whom this section applies.