Section 439 — Immigration Act 2009: Certain persons deemed liable for arrest and detention under Part 9
Text of the provision Official document
439 Certain persons deemed liable for arrest and detention under Part 9 (1) On and from the commencement of section 404 of this Act, the following persons must be treated as being liable for arrest and detention under this Act: (a) a person subject to a removal order under section 54 of the former Act: (b) a person subject to a deportation order under section 72 , 73 , 91 , or 92 of the former Act. (2) Without limiting subsection (1),— (a) a warrant under Part 9 of this Act must be obtained at the appropriate time in order to continue to detain a person who— (i) immediately before the commencement of section 404 of this Act is detained without warrant; and (ii) is a person described in subsection (1): (b) a warrant under Part 9 of this Act (being a further warrant under that Part) must be obtained at the appropriate time in order to continue to detain a person who— (i) immediately before the commencement of section 404 of this Act is detained under warrant; and (ii) is a person described in subsection (1): (c) a person described in subsection (1) but not yet detained may be detained under section 312 of this Act or arrested and detained under section 313 of this Act and, if applicable, an application for a warrant of commitment may be made under section 316 of this Act in relation to the person. (3) This section is subject to sections 440 to 443 of this Act.
Official source: legislation.govt.nz
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