D.03.02 Prisoners without a Permit to Reside in New Zealand (National Procedure)

Procedure Standard

• Persons placed into prison custody because their eligibility for a permit to enter New Zealand is not immediately ascertainable by the New Zealand Immigration Service, or people who do not have a permit to reside in New Zealand, are detained in accordance with statutory requirements.

Procedure

1. Prisoners who are held in custody awaiting determination for eligibility for a permit, or who do not have a permit to reside in New Zealand, are only received into a prison and detained in a prison under a current warrant of commitment issued by a District Court Judge under the Immigration Act 1987.
2. Prisoners who are detained awaiting the determination of their eligibility for a permit, or who do not have a permit to reside in New Zealand, are to be treated as accused prisoners, except with regard to their physical appearance (regs 70 and 188).
3. A warrant to detain a prisoner awaiting determination of his / her eligibility for a permit will expire if the prisoner is issued a permit to reside in New Zealand within 28 days.
4. A warrant to detain a prisoner awaiting the determination of his / her eligibility for a permit expires after 28 days, at which time they must again go before a District Court Judge, who may extend the warrant for a period not exceeding a further seven days . Further extensions for periods not exceeding seven days may be granted by a District Court Judge, on application by an Immigration Officer.
5. If after 28 days the decision is made by the New Zealand Immigration Service, that the person is not eligible for a permit to reside in New Zealand and are awaiting removal, the individual is to be treated as a person awaiting removal from New Zealand, and a further warrant for their detention will be required to detain them a further 7 days pending the person’s departure from New Zealand on the next available aircraft.