Residence and Reporting Requirements

At a glance

When a person is liable for arrest and detention under the Immigration Act 2009, an immigration officer may, instead of proceeding with arrest, agree with that person on a set of residence and reporting conditions. This alternative is available at the officer's absolute discretion and must be recorded in writing. [D5.1]

Definition

Section D5.1 of the Immigration Operational Manual empowers immigration officers to enter into a voluntary agreement with a person who is liable for arrest and detention under section 313 of the Immigration Act 2009 (or who would otherwise be subject to a warrant of commitment under section 316). [D5.1]

The agreement may require the person to do any or all of the following:

• reside at a specified place; [D5.1]
• report to a specified place at specified times or in a specified manner; [D5.1]
• provide a guarantor responsible for ensuring compliance and reporting any failure to comply; [D5.1]
• if the person is a refugee or protection status claimant, attend any required interview or Tribunal hearing; [D5.1]
• undertake any other action to facilitate their deportation or departure from New Zealand. [D5.1]

The decision to offer or agree such requirements, as well as any variation or termination of the agreement, is a matter of absolute discretion for the immigration officer. [D5.1]

Application in decisions

Immigration officers use D5.1 as a practical alternative to physical detention when they consider it appropriate. The agreement does not remove the person's liability for deportation; it simply regulates their status while enforcement steps are being finalised. [D5.1]

An agreement must be in writing, list all requirements, and include a warning that failure to comply may result in detention under section 312 or arrest and detention under section 313 of the Immigration Act 2009. [D5.1]

The officer may at any time, in their absolute discretion, end the agreement. If the officer does so, or if the person fails to comply without reasonable excuse, the person may be detained or arrested and detained in order to execute a deportation order or place them on the first available craft leaving New Zealand. [D5.1]

An agreement automatically lapses when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under Part 9 of the Immigration Act 2009. [D5.1]

Interpretation & edge cases

• Absolute discretion: Both the decision to enter into an agreement and the decision to end it are non‑reviewable exercises of absolute discretion. The officer is not required to give reasons. [D5.1]
• Variation: The officer may vary the requirements at any time with the person's agreement; this variation must also be in writing. [D5.1]
• Guarantor role: A guarantor assumes a formal responsibility for ensuring compliance and reporting breaches. The instructions do not prescribe consequences for a guarantor who fails to report, but an unreported breach could lead to the person's detention. [D5.1]
• Interaction with appeal rights: Entering into a residence and reporting agreement does not affect any right to appeal against deportation liability or to give good reason why deportation should not proceed. The agreement is purely an enforcement management tool. [D5.1]
• Claimants: Special provision is made for refugee and protection claimants to attend required interviews or Tribunal hearings, preserving their participation in the determination process while subject to the agreement. [D5.1]
• Detention warrants: If the person is detained, an immigration officer may apply for a warrant of commitment to extend detention (see Application for Warrant of Commitment).

Citations

• D5.1 — Person may instead agree to residence and reporting requirements