Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 316 — 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…
Section 317 — Decision on application for warrant of commitment
317 Decision on application for warrant of commitment (1) On an application for a warrant of commitment, a District Court Judge— (a) must, if satisfied on the balance of probabilities that the person…
Section 318 — Decision on application for warrant if threat or risk to security
318 Decision on application for warrant if threat or risk to security (1) This section applies where an immigration officer applies for a warrant of commitment to authorise the detention of a person—…
Section 319 — Warrant of commitment
319 Warrant of commitment (1) A warrant of commitment authorises the manager of the prison or the person in charge of the premises identified in the warrant to detain the person to whom the warrant…
Section 320 — Court may instead release person on conditions
320 Court may instead release person on conditions (1) Where a District Court Judge orders a person’s release under section 317(1)(b)(ii) , 318(3)(b) , or 323(3) on conditions, the conditions imposed…
Section 321 — Special conditions where threat or risk to security
321 Special conditions where threat or risk to security Where a District Court Judge determines to order the release of a person to whom section 318 applies on conditions in accordance with…
Section 322 — Persons detained under warrant of commitment or released on conditions pending making of deportation order
322 Persons detained under warrant of commitment or released on conditions pending making of deportation order (1) This section applies in the case of a person who was arrested and detained on the…
Section 323 — Decisions on warrants of commitment where detention beyond 6 months
323 Decisions on warrants of commitment where detention beyond 6 months (1) This section applies where a person would, upon a successful application for a further warrant of commitment under section…
Section 324 — Review of warrant of commitment or release on conditions
324 Review of warrant of commitment or release on conditions (1) At any stage during the currency of a warrant of commitment an immigration officer may apply to a District Court Judge for— (a) a…
Section 325 — Consideration by High Court of application involving classified information
325 Consideration by High Court of application involving classified information (1) This section and section 326 apply to an application made under section 316 or 324(1), (2), (3), or (4) , if the…
Section 326 — Process for High Court to consider application
326 Process for High Court to consider application (1) Where an application is transferred or made directly to the High Court under section 325 , sections 252 , 257 to 259 , and 261 to 270 apply,…
Section 327 — Duties of detaining officers
327 Duties of detaining officers (1) It is the duty of an immigration officer when detaining any person under section 312 — (a) to inform the person at the time of the detention of the reason for the…
Section 328 — Additional powers relating to detention by immigration officer
328 Additional powers relating to detention by immigration officer (1) Where an immigration officer is exercising the power of detention under section 312 , the immigration officer may use such…
Section 329 — Arresting or detaining officer may seek assistance
329 Arresting or detaining officer may seek assistance (1) Where a constable is arresting any person under this Act, the constable may call upon any person in the vicinity for assistance. (2) Where…
Section 330 — Approval of premises for purpose of immigration detention
330 Approval of premises for purpose of immigration detention The chief executive may approve any premises for the purpose of detention under this Act.
Section 331 — Form of custody of persons detained without warrant overnight
331 Form of custody of persons detained without warrant overnight Every person who is placed in custody under section 313 and is to be detained overnight must be detained,— (a) in the case of a…
Section 332 — Form of custody of persons detained under warrant of commitment
332 Form of custody of persons detained under warrant of commitment Every person who is to be detained in custody under a warrant of commitment must be detained,— (a) in the case of a person under 18…
Section 333 — Special provisions relating to custody
333 Special provisions relating to custody (1) Every person to whom a warrant of commitment is addressed under this Act is justified in detaining in accordance with the terms of the warrant any…
Section 334 — Additional provisions relating to custody in approved premises
334 Additional provisions relating to custody in approved premises (1) Without limiting section 333(4) , a person who is in charge of premises approved under section 330 and any person acting under…
Section 335 — Delivery of person into custody of immigration officer or police for purposes of deportation
335 Delivery of person into custody of immigration officer or police for purposes of deportation (1) Where a person is being held in custody pursuant to a warrant of commitment issued under this…
Section 336 — Person being deported must be returned to custody or conditions reimposed if craft not available as planned
336 Person being deported must be returned to custody or conditions reimposed if craft not available as planned (1) This section applies if the following circumstances arise: (a) a craft that was to…
Section 337 — During epidemic District Court may deal with certain matters on basis of documents only
337 During epidemic District Court may deal with certain matters on basis of documents only (1) While an epidemic management notice is in force, any matter for which this Act requires a person to be…
Section 338 — Modification during epidemic of requirements to bring people before District Court Judge
338 Modification during epidemic of requirements to bring people before District Court Judge (1) This subsection applies to a requirement imposed by or under this Act if it requires a person to be…
Section 339 — During epidemic certain warrants and extensions to have effect for 28 days
339 During epidemic certain warrants and extensions to have effect for 28 days (1) If a warrant of commitment issued under this Act was in force immediately before the commencement of an epidemic…
Section 340 — Application of section 320 during epidemic
340 Application of section 320 during epidemic (1) While an epidemic management notice is in force, an immigration officer and a released person may agree in writing to vary a condition imposed under…
Section 341 — Calculation of consecutive period of detention for purposes of section 323
341 Calculation of consecutive period of detention for purposes of section 323 (1) In calculating for the purposes of section 323 the consecutive period for which a person has been detained under 1…
Section 342 — Provision of false or misleading information
342 Provision of false or misleading information (1) Every person commits an offence against this Act who— (a) makes any statement, or provides any information, evidence, or submission, knowing that…
Section 343 — Aiding and abetting
343 Aiding and abetting (1) Every person commits an offence against this Act who,— (a) for a material benefit, aids, abets, incites, counsels, or procures any other person to be or to remain…
Section 344 — Obstruction or failing to meet requirements
344 Obstruction or failing to meet requirements Every person commits an offence against this Act who,— (a) without reasonable excuse, refuses or fails to produce or surrender any document, or to…
Section 345 — Improper dealings with immigration or identity documents
345 Improper dealings with immigration or identity documents (1) Every person commits an offence against this Act who, whether in or outside New Zealand, produces, surrenders, or passes off an…
Section 346 — Impersonation
346 Impersonation Every person commits an offence against this Act who, not being an immigration officer or a refugee and protection officer, personates or pretends to be an immigration officer or a…
Section 347 — Publishing false or misleading information
347 Publishing false or misleading information Every person commits an offence against this Act who, for the purpose of encouraging, inducing, deterring, or preventing immigration to New Zealand of…
Section 348 — Alteration of forms
348 Alteration of forms Every person commits an offence against this Act who, not being an immigration officer or a refugee and protection officer,— (a) after the person to whom a form (that is…
Section 349 — Offences relating to carriers, and persons in charge, of craft
349 Offences relating to carriers, and persons in charge, of craft (1) Every carrier, or person in charge, of a commercial craft commits an offence who— (a) fails without reasonable excuse to comply…
Section 350 — Offences by employers
350 Offences by employers (1) Every employer commits an offence against this Act who— (a) allows or continues to allow any person to work in that employer’s service, knowing that the person is not…
Section 351 — Exploitation of persons not legally entitled to work
351 Exploitation of persons not legally entitled to work (1) Every employer commits an offence against this Act who,— (a) while allowing an unlawful employee to work in the employer’s service,— (i)…
Section 352 — Offences by education providers
352 Offences by education providers (1) Every education provider commits an offence against this Act who— (a) allows or continues to allow any other person to undertake a course of study knowing that…
Section 353 — Offences in relation to Tribunal
353 Offences in relation to Tribunal (1) Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any papers, documents, records,…
Section 354 — Failure to maintain confidentiality in relation to refugee or protection matters
354 Failure to maintain confidentiality in relation to refugee or protection matters Every person commits an offence who, without reasonable excuse,— (a) contravenes section 151(1) ; or (b) publishes…
Section 355 — Penalties: general
355 Penalties: general (1) A person convicted of an offence against section 342(1)(b) , 343(1)(a) , 345 , or 348 is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding…
Section 356 — Penalties: carriers, and persons in charge, of craft
356 Penalties: carriers, and persons in charge, of craft (1) A person convicted of an offence against section 349 (except section 349(2)(b)) is liable,— (a) in the case of a carrier of a craft, to…
Section 357 — Penalties: employers
357 Penalties: employers (1) A person convicted of an offence against section 350(1)(a) is liable to a fine not exceeding $50,000. (2) A person convicted of an offence against section 350(1)(b) is…
Section 358 — Penalties: education providers
358 Penalties: education providers (1) A person convicted of an offence against section 352(1)(a) is liable to a fine not exceeding $50,000. (2) A person convicted of an offence against section…
Section 359 — Infringement offences
359 Infringement offences In this Act, infringement offence means— (a) an offence against section 349(1) or 349(2)(a) : (b) an offence prescribed as an infringement offence for the purposes of this…
Section 360 — Proceedings for infringement offences
360 Proceedings for infringement offences If a person who is a carrier, or a person in charge, of any craft is alleged to have committed an infringement offence, that person may be either— (a)…
Section 361 — Immigration officer may require information
361 Immigration officer may require information When considering whether to issue an infringement notice, an immigration officer may require the person concerned to provide all or any of the…
Section 362 — Infringement notices
362 Infringement notices (1) If an immigration officer believes on reasonable grounds that a carrier, or a person in charge, of a craft has committed an infringement offence, the immigration officer…
Section 363 — Reminder notices
363 Reminder notices Regulations made under section 400 may prescribe the form of reminder notices to be used in relation to infringement offences under this Act.
Section 364 — Infringement fees
364 Infringement fees (1) Infringement fees prescribed under this Act may not exceed,— (a) in the case of a person in charge of a craft, $2,500; and (b) in the case of a carrier of a craft, $5,000.…
Section 365 — Revocation of infringement notices
365 Revocation of infringement notices An immigration officer may, by written notice to the person to whom the notice was issued, revoke an infringement notice at any time before— (a) the…